HomeMy WebLinkAboutAgenda Packet 09/15/2009CITY • ORTANGELES
41 -
WASHINGTON, U.S.A.
AGENDA
CITY COUNCIL, MEETING
321 East 51h Street
September 15, 2009
REGULAR MEETING 6:00 p.m.
AGENDA ITEM
First:page
RECOMMENDATION..
Note: The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best
serve the needs and/or convenience of the Council and the public. The items of business for regular Council meetings may include the
following:
A. CALL TO ORDER — REGULAR MEETING AT 6:00 P.M.
B. ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC CEREMONIES/PRESENTATIONS &
EMPLOYEE RECOGNITIONS
1. "Constitution Week" Proclamation
B-1
1. Present to Christine Hill, Chair / Local Chapter. -
Daughters of the American Revolution -
PUBLIC COMMENT. This is an opportunity for members of the public to speak to the City Council. To allow time for the
Council to complete its legislative agenda, comments should be limited to no more than 5 minutes per person and a total of 15
minutes for this comment period. At the discretion of the Mayor, these times periods may be lengthened or shortened. Following
any public comment, the Mayor may allow time, limited to five minutes, for response from City Councilmembers and/or City
Staff.
C. CITY COUNCIL COMMITTEE REPORTS
D. WORK SESSION
----
E. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager
or Council member
F. ORDINANCES NOT REQUIRING PUBLIC
HEARINGS
1. Water / Wastewater Bond Refunding
F-1
1. 1" Reading; Waive 2nd reading; Adopt Ordinance
2. Establish Stormwater Utility Fund
F-90
2.2 d Reading; Adopt Ordinance.
G. RESOLUTIONS
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in
order to receive public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City
Council may choose to seek public opinion through the public hearing process.
• NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
September 15, 2009 Port Angeles City Council Meeting Page - 1
AGENDA ITEM
First Page_
RECOMMENDATION
H. OTHER CONSIDERATIONS
I. PUBLIC HEARINGS - QUASI-JUDICIAL,
(7:00 P.M. or soon thereafter)
1. Walker Subdivision
I-1
1. Final Approval
J. PUBLIC HEARINGS — OTHER
(7:00 P.M. or soon thereafter)
1. Lucero Street Vacation
J-1
1. Conduct Public Hearing; continue to Oct. 6.
K. FINANCE
1. Bonneville Power Administration Wholesale Power Rate
K-1
1. Approve
Adjustments
2. Northwest Energy Efficiency Alliance (NEEA) Contribution
K-2
2. Approve
3. Post Closure Landfill Consultant Agreement Amendment
K-5
3. Approve
No. 1
4. Low Income Home Heating Energy Vendor Agreement.
K-8
4. Approve
L. CONSENT AGENDA
1. City Council Regular Meeting Minutes of Sept. 1, 2009.
L-1
1. Accept Consent Agenda.
2. Expenditure Approval List from 8/22/2009 to 9/4/09 for
L-8
$2,037,315.90.
3. Sub-Recipient Agreement / Habitat for Humanity
L-33
•
4. Utility Retail Rate and Fee Adjustments, Set Public Hearing
L-50
5. Bonneville Power Administration Power Sales Agreement
L-51
Amendment No. 1
6. Bonneville Power Administration Energy Conservation
L-52
Agreement
7. Western Public Agencies Group (WPAG) Consulting
L-53
Agreement Amendment No. 1
M. INFORMATION
City Manager Reports:
1. Finance Monthly Newsletter
M-1
2. Planning Commission Minutes of July 22 and Aug. 12, 2009.
M-3
3. Building Report - August 2009
M-14
4. PA Forward Committee Minutes - August 6, 2009
M-15
5. Police Department 2 Quarter 2009 Report
M-20
6. Construction Status Report
M-32
7. Grants and Loans Status Report
M-33
N. EXECUTIVE SESSION
O. ADJOURNMENT
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
September 15, 2009 Port Angeles City Council Meeting
Page - 2
•
I.
II.
P�QRT ANGELES CITY COUNCIL MEETING
W A S H I N G T O N, U. S. A.
CALL TO ORDER - REGULAR MEETING:
ROLL CALL:
Members Present:
-J Mayor Braun
Deputy Mayor Wharton
Councilmember Di Guilio
Councilmember Kidd
Councilmember Perry
Councilmember Rogers
Councilmember Williams
Staff Present:
Manager Myers
Attorney Bloor
-------Attorney
Hurd
G. Cutler
T. Gallagher
D. McKeen
N. West
Y. Ziomkowski
PLEDGE OF ALLEGIANCE:
Led by:
September 15, 2009
Other Staff Present:
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pORTANG_ CITY COUNCIL MEETING
WASH I N G T O N, U.S. A. Attendance Roster
DATE OF MEETING: September 15, 2009
LOCATION: City Council Chambers
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PROCLAMATION
In Recognition of
CONSTITUTION WEEK
September 17 — 23, 2009
WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies
the principles of limited government in a Republic dedicated to rule by law; and
WHEREAS, September 17, 2009, marks the two hundred twenty-second anniversary of the framing of
the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its
memorable anniversary, and to the patriotic celebrations which will commemorate it; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of
the United States of America designating September 17 through 23 as Constitution Week
in recognition of the historic importance of the Constitution and the significant role it
plays in our lives today.
NOW, THEREFORE, I, Gary Braun, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT
ANGELES, do hereby proclaim the week of September 17 through 23, 2009 as CONSTITUTION
WEEK in the CITY OF PORT ANGELES and I further ask all citizens to reaffirm the ideals the
Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through
this guardian of our liberties.
X'ZNWMI• - ► 11 •
Gary Braun, Mayor
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A Sea Change is both a personal journey and a scientifically rigorous,
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Invited Screening
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•
JOR,-, T
DATE: SEPTEMBER 15, 2009
TO: CITY COUNCIL
FROM: YVONNE ZIOMKOWSKI, FINANCE DIRECTOR
SUBJECT: REFUNDING THE 1998 WATER/WASTEWATER REVENUE BONDS
Summary: Due to a more favorable interest environment, it's possible to refinance the City's
outstanding 1998 Water/Wastewater Revenue Bonds. The purpose for refinancing is to achieve a
savings for the water/wastewater utility customers.
Recommendation: Staff recommends the Council adopt the attached ordinance, waiving the
second reading in order to take advantage of the favorable market conditions.
• Background / Analysis: In 1998, the City issued water and wastewater revenue bonds in the
amount of $9,600,000. Now,,as a result of favorable market conditions, the City has an
opportunity to refinance these bonds, realizing a savings of approximately 4%. Issuers typically
save between 3 and 5% when refinancing municipal bonds. The savings to the City's utility
customers is expected to be about $400,000. The amount of the bonds would be approximately
$7,560,000 (the exact amount will be known by September 15), with a maturity date of November
1, 2024, the same date as the 1998 bonds.
To complete the sale, the Council would accept the offer of Seattle Northwest Securities, the
underwriter, and adopt the attached ordinance at tonight's Council meeting. The interest rates and
savings would then be locked in. The official statement for the sale of the bonds has been prepared
and the rating has been received. In addition, the Council has already set aside the reserves as one
of the requirements of refunding.
In addition to the bond requirements listed above, the City also opted to purchase insurance in
order to reduce interest rates. The use of insurance is recommended in order to satisfy bond
purchasers and provided an economic advantage to the City. Seattle Northwest Securities has
provided proof of this advantage. The insurance will assure the investor of full and timely payment
of the debt service of the issue throughout the life of the issue. The insurance does not replace the
reserve account for the bonds.
There are no out of pocket costs to the city for the refunding transaction. When the transaction is
completed, all costs of refunding are paid from bond proceeds.
• C:\DOCUME—I\tpierce\LOCALS—I\Temp\XPgrpwise\Bond Memo 0901509.doc
F-1
Staff recommends that Council waive the second reading and proceed to the adoption of the •
Ordinance in order to realize the debt service savings for the Water and Wastewater Utilities.
Attachments:
A. Preliminary Official Statement
B. Bond Ordinance
C:\DOCUME-1\tpierce\LOCALS-1\Temp\XPgrpwise\Bond Memo 0901509.doc •
F-2
Steve Gaidos Consulting, LLC
Municipal Financial Advisory Services
September 15, 2009
Port Angeles City Council
City of Port Angeles
321 E. 5th
Port Angeles, Washington 98362
Re: City of Port Angeles $7,590,000 Water/Wastewater Revenue Refunding Bonds, 2009
Members of the City Council;
On behalf of the City, I have assisted its negotiations with Seattle Northwest Securities Corp. with regard to
the underwriting and sale of the above referenced bonds. I was involved and assisted with; the preparation of
the official statement for the issue, the application for the bond rating from Moody's rating agency, the
application for bond insurance, selection of the Trustee for the escrow to be used for the transaction, the pre -
pricing on September 14, and the pricing of the issue this morning, all in an effort to assure that the City has
obtained a market competitive bid price and interest cost for it issue and maximized the savings achievable for
the refinancing. The savings for the Water and Wastewater utilities is $533,157 or 5.3% on a present value
basis of the amount of the refinanced (refunded) bonds. Since all costs of issuance are paid by bond proceeds,
the savings presented is net of all costs. Savings, as a percentage of bonds being refinanced is typically
between 3% and 5% of the bonds being refinanced.
The Moody's rating agency confirmed the A3 rating of the City's Water/Wastewater Utility and the insurance
was approved by Assured Guaranty Insurance Company, the highest rated insurance company insuring the
debt service of municipal bonds. The use of Municipal Bond Insurance provides an interest cost advantage to
the City's bonds that is greater than the cost of the premium for the insurance. As a result, the savings to the
Water and Wastewater utilities is more using insurance than without. Seattle Northwest has provided
calculations of the comparison of an uninsured bond to the proposed bond issue as proof of the advantage of
the use of insurance. They will also certify as to this advantage.
This morning Seattle Northwest opened the order period for the bonds and solicited orders from investors. At
the end of the order period all of the bonds had orders, some maturities were oversubscribed meaning that
there were more orders than bonds available. This allowed us to improve the savings slightly by renegotiating
a lower yield with those investors. Seattle Northwest then committed to purchase the bonds.
I believe that the True Interest Cost of 3.75% for the Bonds is competitively representative of those issues of
similar credit rating, size and nature selling in the market this day and that the underwriting compensation of
$5.00 /$1,000 par value of bonds being paid to Seattle Northwest Securities Corp. to market the issue, provide
the necessary calculations to accomplish the refunding and to coordinate closing is reasonable and
competitive. I also believe that the savings achieved by the refinancing is favorable for this issue and given
the history of interest rate movements, would likely diminish as interest rates rise if the refinancing were to be
delayed into the future.
I therefore recommend the City accept the offer of Seattle Northwest Securities Corp. to purchase the Bonds
and pass the Bond Ordinance.
Sincerely,
Steve Gaidos
Manager
25519 SE 1591h St, Issaquah, WA 98027
Phone: 425-392-9322; Fax: 425-392-3987; E-mail; gaidosconsulting@earthlink.net.
d
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PRELLAIINARY OFFICIAL STATEMENT DATED SEFTENIBER 1, 2009
$75,5609000*
w = City of Port Angeles, Washington
c Water and Wastewater Utility Revenue Refunding Bonds, 2009
DATED: Date of Initial Delivery DUE: November 1, as shown below
� y
MOODY'S RATING --Applied 4 _ PPlied for.
BANK QuALWIEu—The Bonds are deemed designated as "qualified tax-exempt obligations" within the meaning of Section
y 265(b)(3)(B)"of the Code. See "TAX MATTERS" herein for a discussion of this designation.
C J
BOOK -ENTRY ONLY—The Bonds will be issued as fully registered bonds in denominations of $5,000, or integral multiples thereof, and
s will be registered in the name of Cede & Co., as bond owner and nominee for The Depository Trust Company ("DTC"). DTC will
y act as securities depository for the Bonds. Purchasers will not receive certificates representing their interest in the Bonds purchased.
PRINCIPAL AND INTEREST PAYMENTS—Interest on the Bonds will be payable, on November 1, 2009, and semiannually on May 1 and
^a O November I of each year thereafter to the maturity or earlier redemption of the Bonds. Principal of and interest on the Bonds will
be payable by the fiscal agency of the State of Washington, in New York, New York, currently The Bank of New York Mellon, as
registrar and paying agent (the "Bond Registrar"), as further described herein- For so long as the Bonds remain in a "book -entry
Nonly" transfer system, the Bond Registrar will make such payments only to DTC, which in tum is obligated to remit such payments
; : to its participants for subsequent disbursement to Beneficial Owners of the Bonds, as further described herein in Appendix D.
O v
MATURITY SCHEDULE—
a ..
r :J
Due Interest Due Interest
Nov. 1 Amounts* Rates Yields CUSIP . Nov. 1 Amounts* Rates Yields CUSIP
�+ 2009 $ 145,000 % % 2017 $ 495,000 % %
2010 365,000 2018 515,000
F 2011 375,004 2019 530,000
2012 390,000'. 2020 550,000
-v 2013 400,000 2021. 575,000
°i 2014 450,000 2022 600,000
2015 460,000 2023 605,000
2016 475,000 2024 630,000
REDEMPTION—The Bonds are subject to redemption prior to their stated maturities. See the heading "DESCRIPTION OF TRE
L BONDS—Redemption" herein.
PURPOSE—The Bonds are being issued to provide funds to refund for savings certain of the City's Water and Wastewater Utility Revenue
$ 1% Refunding Bonds, 1998 and pay costs of issuing the Bonds. See the heading "SOURCES AND USES OF BOND PROCEEDS"
a: herein.
s SECURITY—The Bonds are special obligations of the City, the principal of and interest on which are payable solely from and secured by a
pledge of Gross Revenue of the combined water and wastewater utilities of the City (the "System"), subject to the payment of Costs
of Maintenance and Operation of the System. The Bonds are issued on a parity of lien with the City's remaining Water and
Wastewater Utility Revenue Refunding Bonds, 1998, the City's Water and Wastewater Utility Revenue Bonds, 2003, and any
.yam. z Future Parity Bonds (as defined herein). Neither the full faith and credit nor the taxing power of the City is 'pledged to the payment
t of the Bonds. The Bonds are not general obligations of the City, the State of Washington, or any other municipal corporation or
c political subdivision thereof.
TAX EXEMPTION—In the opinion of K&L Gates LLP, Bond Counsel, assuming compliance with certain covenants of the City, interest on
Cy the Bonds is excludable from gross income for federal income tax purposes under existing law. Interest on the Bonds is not an item
of tax preference for purposes of either individual or corporate alternative minimum tax. Interest on the Bonds may be indirectly
subject to corporate alternative minimum tax and certain other taxes imposed on certain corporations. See "TAXM,=RS"
herein for a discussion of the opinion of Band Counsel.
LDELIvERY—The Bonds are offered for sale to the Underwriter subject to the final approving legal opinion of K&L Gates LLP, Seattle,
Washington, Bond Counsel. It is expected that the Bonds will be available for delivery to the Bond Registrar on behalf of DTC by
FastAutomated Securities Transfer, on or about September 29, 2009.
rr
s.
Preliminary, subject to change.
This cover page contains certain in for quick reference only. It is not a summary of the issue. Investors must read the entire
Official Statement to obtain information essential to the making of an informed investment decision.
MSNW
F 3
No dealer, broker, salesman, or other person has been authorized to give any information or to make any
representation, other than the information and representations contained in this Official Statement, in connection
with the offering of the Bonds and, if given or made, such information or representations must not be relied upon as
having been authorized by the City or the Underwriter. This Official Statement does not constitute an offer to sell
or solicitation of an offer to buy any of the Bonds in any jurisdiction in which it is unlawful to make such offer,
solicitation, or sale.
The information set forth herein has been obtained from the City and other sources that are believed to be reliable.
The Underwriter has provided the following sentence for inclusion in this Official Statement. The Underwriter has
reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to
investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the
Underwriter does not guarantee the accuracy or completeness of such information. The information herein is subject
to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall,
under any circumstances, create any implication that there has been no change in the affairs of the City since the
date hereof.
In connection with the offering of the Bonds, the Underwriter may over -allot or effect transactions which stabilize
or maintain the market price of such Bonds at levels above that which might otherwise prevail in the open market.
Such stabilizing, if commenced, may be discontinued at any time.
In the preparation of the projections in this Official Statement, the City has made certain assumptions with respect to
conditions that may occur in the future. While the City believes these assumptions are reasonable for the purpose of
the projections, they depend upon future events, and actual conditions may differ from those assumed. The City
does not represent or guarantee that actual results will replicate the estimates in the various tables set forth in this
Official Statement. Potential purchasers of the Bonds should not rely on the projections in this Official Statement as
statements of fact. Such projections are subject to change, and will change, from time to time. The City has not
committed itself to provide investors with updated forecasts or projections.
CUSIP numbers are included on the front cover of this Official Statement for convenience of the holders and •
potential holders of the Bonds. No assurance can be given that the CUSIP numbers for the Bonds will remain the
same after the date of issuance and delivery of the Bonds.
To permit the Underwriter to comply with Rule 15c2-12 of the Securities and Exchange Commission, the City has
deemed this preliminary Official Statement final as of its date, except for the omission of offering prices, interest
rates, selling compensation, principal amounts, delivery date, ratings and other terms of the Bonds depending on the
foregoing matters.
•
F-4
CITY OF PORT ANGELES
321 EastFifthStreet
Port Angeles, Washington 98362
(360) 457-0411
www.cityofpa.us'
Elected Officials
Name Position
Gary Braun
Council Member and Mayor
Betsy Wharton
Council Member and Deputy Mayor
Dan Di Guilio
Council Member
Cherie Kidd
Council Member
Don Perry
Council Member
Karen A. Rogers
Council Member
Larry Williams
Council Member
Appointed Officials
Term Expires
12/31/2009
12/31/2009
12/31/2011
12/31/2011
12/31/2011
12/31/2009
12/31/2009
Dent Myers '
City Manager
Becky Upton
City Clerk
Yvonne Ziomkowski
Finance Director
Glenn Cutler
Public Works Director
William Bloor
City Attorney
• Bond Registrar
The Bank of New York Mellon
New York, New York
1-800-438-5473
Bond Counsel
K&L Gates LLP
Seattle, Washington
Financial Advisor
Steve Gaidos Consulting, LLC
Issaquah, Washington
Neither the information on the City's website, nor any links from that website, is part of this Official
Statement, and such information cannot be relied upon to be accurate as of the date of this Official Statement,
• nor should any such information be relied upon to make investment decisions regarding the Bonds.
TABLE OF CONTENTS
Page
INTRODUCTION.....................................................1
DESCRIPTION OF THE BONDS ............................1
Water Rates and Charges........................:.........14
General...............................................................:1
WASTEWATER UTILITY....................................18
Bond Registrar and Paying Agent,
Service Area......................................................18
Payment of Bonds ...........................................
l
Redemption.........................................................2
Repair and Replacement Program.....................18
Option to Purchase..............................................2
Regulatory Compliance.....................................18
Transfer and Exchange.......................................2
Wastewater Utility Rates and Charges..............18
Defeasance..........................................................2
CSO Project......................................................21
SOURCES AND USES OF BOND
SYSTEM FINANCIAL INFORMATION..............22
PROCEEDS...............................................................3
Significant Financial Policies ............................22
Purpose................................................................3
THECITY...............................................................27
Sources and Uses of Funds.................................3
Principal City Officers......................................28
Refunding Plan...................................................4
Labor Relations.................................................29.
SECURITY FOR THE BONDS................................4
Pension System.................................................29
Pledge of Net Revenue........................................4
Risk Management.............................................30
Rate Covenant......................................................5
Financial Information ........................................
Rate Stabilization Fund.......................................5
INITATIVE AND REFERENDUM .......................33
Flow of Funds .....................................................
5
Additional Covenants..........................................6
Qualified Tax -Exempt Obligations ...................34
The Bond Account..............................................7
LEGAL MATTERS.............:..................................35
Reserve Account Requirement ............................7
Opinion of Counsel....................................:......35
Reserve Account Insurance Policies ...........:.......8
35
Debt Payment Record ......................................:..
8
Future Parity Bonds............................................8
DEBT INFORMATION............................................9
Description of Outstanding Parity
37
Bonds..............................................................9
37
Junior Lien Debt...............................................10
Schedule of System Debt Service .....................10
THESYSTEM.... .....................................................
10
Administration .............................. ....................
11
Labor Relations .................................................
l l
Insurance...........................................................11
Capital Facilities Planning................................11
FutureDebt.......................................................12
WATERUTILITY ITY..................................................13
...... ...... ............................13
Service Area ..............
Repair and Replacement Program.....................13
Regulatory Compliance.....................................13
Page
Peak System Flow Capacities ...........................13
ECONOMIC INFORMATION
Water Rates and Charges........................:.........14
FORM OF LEGAL OPINION
WASTEWATER UTILITY....................................18
THE CITY'S COMPREHENSIVE
Service Area......................................................18
ANNUAL FINANCIAL REPORT
Peak System Flow Capacities ...........................18
FOR,THE FISCAL YEAR ENDED
Repair and Replacement Program.....................18
DECEMBER 31, 2008
Regulatory Compliance.....................................18
BOOK -ENTRY SYSTEM
Wastewater Utility Rates and Charges..............18
CERTAIN DEFINITIONS FROM
CSO Project......................................................21
THE BOND ORDINANCE
SYSTEM FINANCIAL INFORMATION..............22
Significant Financial Policies ............................22
THECITY...............................................................27
Principal City Officers......................................28
Labor Relations.................................................29.
Pension System.................................................29
Risk Management.............................................30
Financial Information ........................................
31
INITATIVE AND REFERENDUM .......................33
TAXMATTERS.....................................................34
Qualified Tax -Exempt Obligations ...................34
LEGAL MATTERS.............:..................................35
Opinion of Counsel....................................:......35
Litigation...........................................................
35
Enforceability....................................................
35
OTHER MATTERS................................................35
Continuing Disclosure Undertaking .................35
Underwriting.....................................................
37
Rating................................................................
37
Official Statement Certificate ...........................37
APPENDIX A DEMOGRAPHIC AND
-i- F - 6
•
•
•
ECONOMIC INFORMATION
APPENDIX B
FORM OF LEGAL OPINION
APPENDIX C
THE CITY'S COMPREHENSIVE
ANNUAL FINANCIAL REPORT
FOR,THE FISCAL YEAR ENDED
DECEMBER 31, 2008
APPENDIX D
BOOK -ENTRY SYSTEM
APPENDIX E
CERTAIN DEFINITIONS FROM
THE BOND ORDINANCE
-i- F - 6
•
•
•
• OFFICIAL STATEMENT
$7,560,000 `
CITY OF PORT ANGELES, WASHINGTON
WATER AND WASTEWATER UTILITY REVENUE REFUNDING BONDS, 2009
INTRODUCTION
The City of Port Angeles, Washington (the "City"), a municipal corporation duly organized and existing under the
laws of the State of Washington (the "State"), furnishes this Official Statement in connection with the offering of
$7,560,000* principal amount of the City's Water and Wastewater Utility Revenue Refunding Bonds, 2009 (the
"Bonds'. This Official Statement provides information about the City, the Bonds and the City's water and
wastewater utilities (collectively, the "System"). This Official Statement is qualified in its entirety by reference to
Ordinance No. of the City passed by the City Council on , 2009 (the "Bond Ordinance"). The
Bonds are issued under the provisions of the constitution and laws of the State, and pursuant to the Bond Ordinance,
a copy of which is available from the City Clerk.
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bond Ordinance. See
APPENDIX E—"CERTAIN DEFINITIONS FROM THE BOND ORDINANCE."
The Bonds are being issued to refund certain of the outstanding maturities of the City's Water and Wastewater
Utility Revenue Refunding Bonds, 1998 (the "1998 Bonds"), and to pay costs of issuing the Bonds. See
"SOURCES AND USES OF BOND PROCEEDS—Purpose" herein.
• The Bonds are special revenue obligations of the City. Neither the full faith and credit nor the taxing power of the
City is pledged to the payment of the Bonds. The Bonds are not obligations of the State of Washington or any
political subdivision thereof other than the City. See "SECURITY FOR THE BONDS."
DESCRIPTION OF THE BONDS
General
The Bonds will be issued in the aggregate principal amount of $7,560,000* and will be dated the date of their
delivery to the Underwriter. The Bonds will mature on the dates and in the principal amounts and will bear interest
from their date, payable on November 1, 2009; and semiannually on November 1 and May 1 of each year thereafter,
at the rates set forth on the cover of this Official Statement. Interest on the Bonds will be calculated on the basis of
a year of 360 days consisting of twelve 30 -day months.
The Bonds will be issued in registered form, initially registered in the name Cede. & Co., as nominee for The
Depository Trust Company, New York, New York ("DTC"), in the denomination of $5,000 each or any integral
multiple thereof within a single maturity. Individual purchases of the Bonds will be made initially in book -entry
form only and purchasers will not receive certificates representing their interest in the Bonds purchased. See
APPENDIX D--!TOOK-ENTRY SYSTEM."
Bond Registrar and Paying Agent, Payment of Bonds
The City has adopted the system of registration for the Bonds approved, from time to time, by the State Finance
Committee of the State. Pursuant to chapter 43.80 of the Revised Code of Washington ("RCW"), the Committee
designates one or more fiscal agencies for bonds issued within the State. The State's fiscal agent in New York City;
currently The Bank of New York Mellon (the "Bond Registrar"), will authenticate the Bonds and act as paying
agent and registrar for the Bonds. No resignation or removal of the Bond Registrar will become effective until a
successor has been appointed and has accepted the duties of Bond Registrar.
• ' Preliminary, subject to change.
F-7
To meet payment requirements for interest on and principal of the Bonds as the same become due and payable, the •
City will remit money from the Bond Account to the Bond Registrar. See "SECURITY FOR THE BONDS—The
Bond Account" herein. The Bond Registrar will in turn remit such principal and interest to DTC participants for
subsequent disbursement to the Beneficial Owners of the Bonds as described in APPENDIX D—"BOOK-ENTRY
SYSTEM." In the event that the Bonds are no longer held in book -entry form, interest on the Bonds will be paid by
check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond
Register on the fifteenth day of the month preceding the interest payment date. Principal of the Bonds is payable
upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond
Registrar.
Redemption
Optional Redemption. The Bonds maturing on or after November 1, 2020, are subject to redemption prior to their
stated maturities, at the option of the City, on or after November 1, 2019, in whole or in part on any date (and if in
part with maturities to be selected by the City), at a price of par, plus interest accrued thereon to the date fixed for
redemption.
Notice of Redemption. For as long as the Bonds are held in book -entry -only form, the Bond Registrar will provide
notice to DTC only, and it will be the responsibility of DTC to disseminate notices to DTC participants. The City
will not provide any notice of redemption to Beneficial Owners of Bonds. See APPENDIX D—"BOOK-ENTRY
SYSTEM."
If the Bonds are no longer kept in book -entry -only form, notice of redemption will be given not fewer than 30 days
nor more than 60 days prior to the redemption date by first-class mail, postage prepaid, to the registered owner of
any Bond to be redeemed at the address appearing on the bond registration books maintained by the Bond Registrar.
Interest on the Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond
or. Bonds called are not redeemed when presented pursuant to the can.
Option to Purchase •
The City has reserved the right to purchase any of the Bonds in the open market at any time at prices deemed
reasonable by the City.
Transfer and Exchange
If the Bonds are no longer held in book -entry form, the Bonds may be transferred or exchanged by Registered
Owners upon completion of the assignment form on the Bond(s) in form and substance satisfactory to the. Bond
Registrar and delivery to the Bond Registrar of the Bond(s) to be exchanged or transferred to the Bond Registrar for
cancellation. Upon such surrender and cancellation, the Bond Registrar will authenticate and deliver to the new
Registered Owner a new Bond or Bonds of the same date, maturity and interest rate and for the same aggregate
principal amount in any authorized denomination. The Bond Registrar is not required to register the transfer or to
exchange Bonds during the 15 days preceding any interest payment date or principal payment date on which any
such Bond is to be redeemed.
Defeasance
The City has reserved the right to defease the Bonds or any portion of them by providing for their payment.
Payment of all or any portion of the Bonds may be provided for by irrevocably pledging and setting aside in a
special account cash and/or "Government Obligations," as such term is defined in chapter 39.53 RCW. Such cash
and Government Obligations may be applied solely for the purpose of paying the principal of the Bonds at maturity
and interest thereon as the same may become due. Such cash and the maturing principal of and interest on such
Government Obligations shall be sufficient to pay when due such principal and interest. Within 60 days of any
defeasance of Bonds, the Bond Registrar will provide notice of defeasance of Bonds to, among others, Registered
Owners, all in accordance with the Bond Ordinance.
•
-2- F - 8
• As currently defined in chapter 39.53 RCW, the term "government obligations" means (a) direct obligations of or
obligations, the principal and interest on which are unconditionally guaranteed by the United States of America and
bank certificates of deposit secured by such obligations; (b) bonds, debentures, notes, participation certificates or
other obligations issued by the Banks for Cooperatives, the Federal Intermediate Credit Bank, the Federal Home
Loan Bank System, the Export -Import Bank of the United States, federal land banks or the Federal National
Mortgage Association; (c) public housing bonds and project notes fully secured by contracts with the United States;
and (d) obligations of financial institutions insured by the Federal Deposit Insurance Corporation to the extent
insured or guaranteed as permitted under any other provision of State law.
SOURCES AND USES OF BOND PROCEEDS
Purpose
The proceeds of the Bonds will be used to refund certain of the outstanding maturities of the 1998 Bonds and to pay
costs of issuing the Bonds. See "Refunding Plan" below. After the closing of the Bonds, the November 1, 2009
maturity of the 1998 Bonds will remain outstanding.
Sources and Uses of Funds
The table below sets forth the expected sources and uses of proceeds of the Bonds and other funds in connection
with the issuance of the Bonds and the plan of refunding.
Sources of Funds
Principal Amount of the Bonds (1) S 7,560,000
Original Issue Premium/(Discount)
Reserve Account Contribution
Total Sources: $
• Uses of Funds
Refunding of Refunded Bonds
Reserve Account
Costs of Issuance (2)
Additional Proceeds
Total Uses:
•
(1) Preliminary, subject to change.
(2) Includes fees of bond counsel, financial advisor, rating agency and escrow agent, printing costs;
- Underwriter's discount, and other costs associated with issuing the Bonds and refunding the Refunded
Bonds.
-3- F-9
Refunding Plan •
The net proceeds of the Bonds will be used to refund certain maturities of the 1998 Bonds. Depending on market
conditions on the pricing date and the savings available to the City as a result of such refunding, the City may
include all or a portion of the below listed candidates in the refunding (as identified below, and selected on the
pricing date, the "Refunded Bonds"):
Refunded Bond Candidates
Year
Principal
Interest
Redemption Date
CUSIP
(November 1)
Amount
Rate
@ 100.5%
Number
2010
$345,000
4.20%
November 2, 2009
733435BK6
2011
360,000
4.25
November 2, 2009
733435BL4
2012
375,000
4.30
November 2, 2009
733435BM2
2013
390,000
4.40
November 2, 2009
733435BNO
2014
445,000
4.40
November 2, 2009
733435BP5
2015
465,000
4.50
November 2, 2009
733435BQ3
2016
480,000
4.50
November 2, 2009
733435BR1
2017
505,000
4.60
November 2, 2009
733435BS9
2018
525,000
4.60
November 2, 2009
733435BT7
2019
545,000
4.70
November 2, 2009
733435BU4
2020
565,000
4.75
November 2, 2009
733435BV2
2021
590,000
4.80
November 2, 2009
733435BWO
2022
620,000
4.85
November 2, 2009
733435BX8
2023
625,000
4.90
November 2, 2009
733435BY6
2024
655,000
4.90
November 2, 2009
733435BZ3
A portion of the net proceeds from the sale of the Bonds will be deposited in the Refunding Account (the •
"Refunding Account") and used to purchase Escrow Securities (as defined below) to be held by The Bank of New
York Mellon, as escrow Agent (the "Escrow Agent") under an escrow agreement (the "Escrow Agreement"), dated
the date of delivery of the Bonds, between the City and the Escrow Agent.
Funds will be irrevocably deposited in the Refunding Account and will be used to purchase direct, noncallable,
obligations of the United States of America (the "Escrow Securities"): The Escrow Securities will mature at such
times and pay interest in such amounts so that, with other available funds held by the Escrow Agent under the
Escrow Agreement, sufficient money will be available to pay the interest on the Refunded Bonds coming due on
their redemption date, November 2, 2009, at a price of 100.5%, and to redeem and retire the Refunded Bonds on
that redemption date.
Since all payments of principal of and interest on the Refunded Bonds will be provided for from money and
securities on deposit with the Escrow Agent under the Escrow Agreement, the Liens, pledges and covenants of the
Refunded Bonds will terminate and be discharged and released when the Bonds are issued and the Refunding
Account is funded.
Seattle -Northwest Securities Corporation, Seattle, Washington, will certify the accuracy of the mathematical
computations concerning the adequacy of the maturing principal amounts of and interest earned on the government
obligations, to be placed together with other escrowed moneys in the escrow account to pay when due, pursuant to
stated maturity or call for redemption, as the case may be, the principal of, premium, if any, and interest on the
Refunded Bonds.
SECURITY FOR THE BONDS
Pledge of Net Revenue
The Bonds are payable from Gross Revenue of the System, subject only to the payment of the Costs of Maintenance
and Operation, and from any utility local improvement district assessments required to be deposited into the Bond •
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F-10
• Account ("Assessments"). The Bonds are issued on a parity of lien with the 1998 Bonds remaining after the
refunding of the Refunded Bonds and the 2003 Bonds. The City has reserved the right to issue additional bonds
("Future Parity Bonds") on a parity of lien with the 1998 Bonds, the 2003 Bonds and the Bonds. Together, the
1998 Bonds, the 2003 Bonds, the Bonds, and any Future Parity Bonds are referred to herein as the "Parity Bonds."
The Bonds are special limited obligations of the City payable only from the Bond Account. The Bond Account will
at all times be completely segregated and set apart from all other funds and accounts of the City for the security and
the payment of the principal of and interest on the Parity Bonds, as they become due. The Bonds are not an
obligation of the State or any political subdivision thereof other than the City, and neither the full faith and credit
nor the taxing power of the City or the State are pledged to the payment of the Bonds_
Rate Covenant
The City has covenanted in the Bond Ordinance for the benefit of Bond owners to establish, maintain and collect
lawful rates and charges for the use of the services and facilities of the System, and will adjust such rates and
charges from time to time so that:
(1) Gross Revenue will at all times be sufficient (a) to pay all Costs of Maintenance and Operation
and to pay all taxes, assessments or other governmental charges lawfully imposed on the System
or the revenue therefrom or payments in lieu thereof and any and all other amounts that the City
may now be or hereafter become obligated to pay from Gross Revenue by law or contract, and
(b) together with Assessments actually collected, to pay the principal of and interest on all
outstanding Parity Bonds as and when the same become due and payable, to make all payments
required to be made into the Bond Account to satisfy the Sinking Fund Requirement, and to make
when due all payments required to be made into the Reserve Account.
(2) The Net Revenue in each Fiscal Year will equal at least 1.25 times Annual Debt Service for such
• year (after deducting Assessments actually collected for such year). For the purpose of meeting
this requirement there may be added to Net Revenue for any Fiscal Year any amount withdrawn
from the Rate Stabilization Fund and deposited in the Revenue Fund. There must be subtracted
from Net Revenue for any Fiscal Year any amounts in such year withdrawn from the Revenue
Fund and deposited into the Rate Stabilization Fund in such Fiscal Year. From and after such
time as no 1998 Bonds or 2003 Bonds remain outstanding, Annual Debt Service for purposes
of this rate covenant shall be adjusted to reflect any Debt Service Offset.
•
Rate Stabilization Fund
The City has established a Rate Stabilization Fund. As of August 1, 2009, the balance in the Rate Stabilization
Fund is $1,130,000. The City may from time to time appropriate or budget amounts in the Revenue Fund for
deposit in the Rate Stabilization Fund and may from time to time withdraw amounts therefrom for deposit in the
Revenue Fund to prevent or mitigate water and wastewater rate increases or for other lawful purposes of the City
related to the System_ The City may utilize amounts on deposit in the Rate Stabilization Fund to meet the rate
coverage requirement described in subparagraph (2) above and the requirements for issuing Future Panty Bonds.
For purposes of calculating coverage of Annual Debt Service there must be: (a) added to Net Revenue for any
Fiscal Year the amount withdrawn from the Rate Stabilization Fund, and deposited in the Revenue Fund, during that
Fiscal Year; and (b) subtracted from Net Revenue for any Fiscal Year the amount withdrawn from the Revenue
Fund and deposited into the Rate Stabilization Fund during that Fiscal Year.
Flow of Funds
All Gross Revenue is deposited as collected into the Water and Sewer Revenue Fund (the "Revenue Fund") . , created
by Ordinance No. 2843 and continued by the Bond Ordinance. Money in the Revenue Fund is held separate and
apart from all other funds and accounts of the City. Money in the Revenue Fund may be invested in any Permitted
Investment. Gross Revenue in the Revenue Fund is to be applied as follows:
-s- 0
- 11
First, to pay the Costs of Maintenance and Operation and to maintain a balance in the Revenue Fund •
sufficient in amount to enable the City continuously to meet Costs of Maintenance and Operation on a
current basis;
Second, to make all payments required to be made into the Bond Account to pay the interest on any Parity
Bonds;
Third, to make all payments required to be made into the Bond Account to pay the maturing principal of
any Parity Bonds and to satisfy the Sinking Fund Requirements;
Fourth, to make all payments required to be made pursuant to a reimbursement agreement or agreements
(or other equivalent documents) in connection with Qualified Insurance or a Qualified Letter of Credit;
provided that if there is not sufficient money to make all payments under reimbursement agreements the
payments will be made on a pro rata basis;
Fifth, to make all payments required to be made into the Reserve Account to secure the payment of the
principal of and interest on outstanding Parity Bonds;
Sixth, to make all payments required to be made into any revenue bond redemption fund, revenue warrant
redemption fund, debt (service account, reserve account or bond retirement account created to pay and
secure the payment of the principal of and interest on any revenue bonds, or revenue warrants or other
revenue obligations of the City, including the State Loans, having a lien upon the Revenues junior and
inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds; and
Seventh, to retire by redemption or purchase any outstanding water and wastewater utility revenue bonds,
warrant, or other obligation of the System, to make necessary additions, betterments, improvements and
repairs to or extensions and replacements of the System, to make deposits into the Rate Stabilization Fund,
or for any other lawful City purposes.
Additional Covenants •
Maintenance and Operation. The City will at all times keep and maintain the System in good repair, working order
and condition and will at all times operate the same and the business in connection therewith in an efficient manner
and at a reasonable cost.
Sale or Disposition of System. The City will not sell or otherwise dispose of the System in its entirety unless
simultaneously with such sale or disposition the City provides for the payment into the Bond Account of cash or
Government Obligations sufficient, together with interest to be earned thereon, to pay. the principal of and interest
on then outstanding Parity Bonds. The City will not sell or otherwise dispose of any part of the useful operating
properties of the System unless the City replaces such facilities or provides for payment into the Bond Account of
the greater of:
(1) An amount that will be in the same proportion to the net amount of Parity Bonds then outstanding
(defined as the total amount of the Parity Bonds less the amount of cash and investments in the Bond Account and
accounts therein) that the Net Revenue from the portion of the System sold or disposed of for the preceding year
bears to the total Net Revenue for such period; or
(2) , An amount that will be in the same proportion to the net principal amount of Parity Bonds then
outstanding that the book value of the part of the System sold or disposed of bears to the book value of the entire
System immediately prior to such sale or disposition.
The proceeds of any such sale or disposition of a portion of the properties of the System (to the extent
required above) shall be paid into the Bond Account.
Notwithstanding the foregoing, the City may sell or otherwise dispose of any of the works, plant,
properties and facilities of the System or any real or personal property comprising a part of the same with a value
less than 2% of the net utility plant of the System or that has become unserviceable, inadequate, obsolete or unfit to •
-� F-12
• be used in the operation of the System, or no longer necessary, material to or useful in such operation, without
making any deposit into the Bond Account.
Collection of Assessments. The City will promptly collect all Assessments levied in any utility local improvement
district now or hereafter created to secure the payment of the principal of and interest on the Parity Bonds and shall
pay the same into the Bond Account without allocation of such Assessments to any particular series of Parity
Bonds. The City may, however, issue revenue bonds having alien on Gross Revenue junior to the lien on such
revenue for the payment of the principal of and interest on Parity Bonds and pledging as security for the payments
of such junior lien bonds assessments levied in any utility local improvement district created to pay part or all the
cost of improvements to the System for which such junior lien revenue bonds were specifically issued.
Insurance. The City will carry fire and extended coverage insurance on the System as is ordinarily carried on the
property of similar public utilities by other municipal corporations engaged in the operation of the same, to the full
insurable value thereof, and will also carry adequate public liability insurance and other kinds of insurance as under
good practices are ordinarily carried on the properties of similar public utilities by private companies engaged in the
operation of the same; provided, however, that the City may, if the Council deems necessary and advisable, institute
or continue a self-insurance program with respect to any or all of the aforementioned risks. The premiums paid for
all such insurance will be regarded and paid as a Cost of Maintenance and Operation.
Books and Accounts. The City will maintain complete books and records relating to the operation of the System and
its financial affairs, and will cause such. books and records to be audited annually, and cause to be prepared an
annual financial and operating statement, which statement will be mailed to any owner of Parity Bonds upon
request.
Delinquencies. The City will promptly collect all service charges and Assessments, determine in a timely manner
all delinquencies, and take all necessary legal action to enforce collection of such delinquencies.
• No Free Service. Except as permitted by. law, the City will not furnish any service of the System to any customer
whatsoever free of charge.
•
The Bond Account
The Bond Account, which was created by Ordinance No. 2843 and continued by the Bond Ordinance, is used solely
for the purpose of paying the principal of, premium, if any, and interest on.the Parity Bonds and of retiring the
Parity Bonds prior to maturity. A Debt Service Account and a Reserve Account have been created in the Bond
Account. All funds in the Bond Account are held in trust for the benefit of the owners of all Parity Bonds at the
time outstanding equally and ratably and without preference or distinction as between Parity Bonds of different
series and maturities. Funds in the Bond Account will be transmitted to the Bond Registrar in amounts sufficient to
meet the maturing installments (or mandatory redemption) of principal of and premium, if any, and interest on the
Bonds when due.
Reserve Account Requirement
The Bond Ordinance provides for the funding and maintenance of a Reserve Account within the Bond Account for
the payment of debt service on Parity Bonds in an amount equal to the least of (a) 125% of Average Annual Debt
Service on each series of Parity Bonds, (b) 10% of the stated principal amount of such bonds, or (c) maximum
Annual Debt Service on such bonds. Under the Bond Ordinance, the City is required to meet the Reserve Account
Requirement upon the issuance of any Future Parity Bonds. As discussed below under "Reserve Account Insurance
Policies," the current cash balance in the Reserve Account is $1,100,000, which is an amount sufficient to satisfy
the Reserve Account Requirement for the Bonds. A portion of the amount on deposit in the Reserve Account
allocable to the 1998 Bonds will be used to refund the Refunded Bonds.
-7- F- 13
Reserve Account Insurance Policies •
As an alternative to cash funding of the Reserve Account Requirement, the ordinances authorizing the Parity Bonds,
including the Bond Ordinance, permit the City to satisfy the Reserve Account Requirement by providing a Qualified
Letter of Credit, Qualified Insurance, or other equivalent credit facility. When the 1998 Bonds and 2003 Bonds
were issued, the City elected to satisfy the Reserve Account Requirement for those bonds by purchasing debt
service reserve surety bonds that then met the rating requirement for "Qualified Insurance."
For the 1998 Bonds, the City obtained from Financial Guaranty Insurance Company ("FGIC") a Municipal Bond
Debt Service Reserve Fund Policy in the amount of $728,467.50 (the "1998 Surety") to satisfy the Reserve Account
Requirement with respect to those bonds. The 1998 Surety also applies to any other Parity Bonds secured by the
Reserve Account and will terminate on November 1, 2024. Because FGIC's ratings have been withdrawn by
Moody's, the 1998 Surety no longer meets the rating criteria for "Qualified Insurance." While the 1998 Surety
remains a valid obligation of FGIC available to the Reserve Account until its termination date, the City has funded
the Reserve Account Requirement with respect to the 1998 Bonds with cash from the Revenue Fund.
For the 2003 Bonds, the City obtained a Debt Service Reserve Surety Bond from MBIA Insurance Corporation
("MBIA") to satisfy the Reserve Account Requirement with respect to those bonds (the "2003 Surety"). Because
MBIA has been downgraded by Moody's, the 2003 Surety no longer meets the rating criteria for "Qualified
Insurance." While the 2003 Surety remains a valid obligation of MBIA available to the Reserve Account, the City
has funded the Reserve Account Requirement with respect to the 2003 Bonds with cash from the Revenue Fund.
Debt Payment Record
There is no record of default in the payment of principal of or interest on any bonded indebtedness of the City.
Future Parity Bonds
In the Bond Ordinance, the City reserves the right to issue additional bonds payable from the Bond Account on •
parity with the Bonds (the "Future Parity Bonds") to finance improvements to the System or to refund bonds
payable from Gross Revenue upon compliance with certain conditions, including the following:
(1) That at the time of issuance of such Future Parity Bonds there is no deficiency in the Bond
Account and the Reserve Account
(2) If there are special assessments levied in any utility local improvement district in which additions
and improvements to and extensions of the System will be constructed from the proceeds of such
Future Parity Bonds, the ordinance authorizing such Future Parity Bonds must require that such
special assessments be paid into the Bond Account
(3) If there are special assessments pledged to be paid into a warrant or bond redemption fund for
revenue bonds or warrants being refunded by Future Parity Bonds, the ordinance authorizing such
Future Parity Bonds must require such special assessments to be used for the refunding or paid
into the Bond Account.
(4) The principal of and interest on the Future Parity Bonds will be payable out of the Bond Account,
and the ordinance autliorizing their issuance must further provide for payments into the Bond
Account to satisfy the Sinking Fund Requirement and payments into the Reserve Account to
satisfy the Reserve Account Requirement.
(5) At the time of the issuance of any Future Parity Bonds, the City must have on file a certificate
from a Professional Utility Consultant showing: that the Net Revenue received during any
12 consecutive months within the 24 months preceding the date of delivery of such Bonds,
adjusted as described below by the Professional Utility Consultant, equals at least 1.25 times the
Annual Debt Service (after deducting Assessments, allocated to the years in which they would be
received if the unpaid balance of each assessment roll were paid in the remaining number of
installments with interest on the declining balance at the times and at the rate provided in the •
-S-
F-14
• ordinance confirming the assessment roll) for each such calendar year or Fiscal Year for all Parity
Bonds plus the Future Parity Bonds proposed to be issued. From and after such time as no 1998
Bonds or 2003 Bonds remain outstanding, Annual Debt Service for purposes of this test shall be
adjusted to reflect any Debt Service Offset.
•
•
The "Adjusted Net Revenue" means the Net Revenue for a period of any 12 consecutive months out of the
24 months immediately preceding the date of delivery of such proposed Future Parity Bonds, as adjusted to take
into consideration changes in Net Revenue estimated to occur under one or more of the following conditions for
each year after such delivery for so long as any Parity Bonds, including the Future Parity Bonds proposed to be
issued, will be outstanding:
(a) The additional Net Revenue that would have been received if any change in rates and charges
adopted prior to the date of such certificate and subsequent to the beginning of such 12 -month
period had been in force during the full 12 -month period;
(b) The additional Net Revenue that would have been received if any facility of the System that
became frilly operational after the beginning of such 12 -month period had been so operating for
the entire period, and
(c) The additional Net Revenue estimated by such Professional Utility Consultant to be received as a
result of any additions, betterments, and improvements to and extensions of any facilities of the
System that are under construction at the time of such certificate, or will be constructed from the
proceeds of the Future Parity Bonds to be issued_
If Future Parity Bonds are to be issued for the purpose of refunding at or prior to their maturity any part of or all of
the then outstanding Parity Bonds and the issuance of such refunding Future Parity Bonds results in debt service
savings and does not require an increase of more than $5,000 in any year for principal and interest on such
refunding Future Parity Bonds, such certificate is not required.
Prior to the issuance of the Bonds, the City will have on file a certificate of the Finance Director that issuance of the
Bonds will result in a debt service savings and will not require an increase of more than $5,000 in any fiscal or
calendar year for principal of and interest on such Bonds over and above the amount required in such year for the
principal of and interest on the Refunded Bonds. '
The City reserves the right to issue revenue bonds or other obligations that are a charge upon money in the Revenue
Fund junior or inferior to that of the Parity Bonds.
DEBT INFORMATION
Description of Outstanding Parity Bonds
Following the issuance of the Bonds, the City will have the following Parity Bonds outstanding:
Issue
1998 Bonds - $9,455,000 (1)
2003 Bonds - $4,220,000 (1)
The Bonds
Total
(1) Original principal amount.
(2) Does not include the Refunded Bonds.
(3) Preliminary, subject to change.
Final Maturity
November 1, 2009
November 1, 2028
November 1, 2024
Outstanding
Principal
Amount
$ 335,000(2)
3,645,000
7,560,000 (3)
$ 11,540,000 (3)
F-15
Junior Lien Debt
Nothing in the Bond Ordinance prevents the City from issuing bonds, notes, warrants, or other obligations payable
from and secured by a lien and charge junior to the lien and charge of the Parity Bonds. The City currently has
outstanding nine loans from the State's Public Works Trust Fund ("PWTF") totaling $5,399,799 and three Drinking
Water Revolving Fund loans ("SRF") from the State totaling $2,858,981, which are junior to the Parity Bonds in
their lien on the revenues and funds of the System, as follows:
Loan
Water SRF
Water PWTF
Water PWTF
Water PWTF
Water SRF
Water PWTF
Wastewater PWTF
Wastewater SRF
Wastewater PWTF
Wastewater PWTF
Wastewater PWTF
Wastewater PWTF
Total
Schedule of System Debt Service
Year (4)
2009
2010
2011
2012
2013 .
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
The Bonds (1)
Principal
Interest
$ 145,000
$ 26,771
365,000
296,825
375,000
285,875
390,000
274,625
406,000
262,925
450,000
250,925
460,000
237,425
475,000
219,025
495,000
200,025
515,000
18OX5
530,000
157,050
550,000
133,200
575,000
108,450
600,000
82,575
605,000
$5,575
630,000
28,350
0
0
0
0
0
0
0
0
Outstanding
Parity Bonds (2)
Principal
Original
Maturity
Principal Amount
2018
$ 463,500
2020
c' 1,168,300
2014
750,000
2015
240,000
2019
1,030,000
2024
2,200,000
2011
2,500,000
2028
2,000,000
2013
760,000
2026
590,000
2027
1,875,000
2012
885,000
205,000
$ 14,461,800
Outstanding
Parity Bonds (2)
Principal
Interest
$ 455,000
$ 351,503
125,000
161,108
130,000
157,045
135,000
152,495
140,000
147,500
145,000
142,320
150,000
136,810
155,000
130,810
160,000
124,610
170,000
117,890
175,000
110,750
185,000
102,000
195,000
02,750
205,000
83,000
215,000
72,750
225,000
62,000
235,000
50,750
245,000
39,000
260,000
26,750
275,000
13,750
Total (5) $ 7,560,000 $ 2,799,846 $ 3,980,000 $ 2,102,530
Total
Parity Debt
$ 978,274
947,933
947,920
952,120
950,425
988,245
984,235
979,835
979,635
983,115
972,800
970,200
971,200
970,575
948,325
945,350
285,750
284,000
286,750
288,750
$ 16,442,376
Outstanding
Principal Amount
$ 262,660
751,704
321,426
93,149
596,321
2,026,997
399,381
2,000,000
209,445
558,947
375,000
663,750
$ 8,258,780
Junior
Lien Debt (3)
Principal
Interest
$ 728,427
$ 81,967
833,690
72,769
833,690
63,929
700,563
55,094
534,626
47,587
492,737
40,912
439,166
35,074
425,859
29,771
425,659
24,602
425,859
19,432
399,593
14,263
345,382
10,406
282,740
8,367
282,740
6,953
282,740
5,539
282,740
4,126
156,053
2,712
156,053
1,932
125,000
1,151
105,263
526
$ 8,258,780 $ 527,112
Total
Junior Lien
Debt
3 810,394
906,459
897,619
755,657
582,213
533,649
474,240
455,630
450,461
445,291
413,856
355,788
291,107
289,693
288,279
286,866
158,765
157,985
126,151
105,789
$ 8,785,892
(1) Preliminary, based on estimated interest rates for the Bonds.
(2) Includes the November 1, 2009 maturity of the 1998 Bonds and the outstanding 2003 Bonds. Does not include the Refunded
Bonds.
(3) Includes PWTF loans and SRF loans, administered by agencies of the State of Washington.
(4) Based on Fiscal Years ending December 31.
(5) Totals may not foot due to rounding.
THE SYSTEM
The City owns, maintains and operates its water supply and distribution utility and sewage collection and treatment
utility as a combined system for borrowing purposes (the "System"). The Water and Wastewater Divisions of the
Public Works and Utilities Department are responsible for the maintenance and construction of all water and sewer
F- 16
is
•
•
-lo-
• facilities within the City. To supply and distribute domestic water, the Water Division provides and maintains water
mains, the water treatment facilities, the Ranney well, five reservoirs, pumping stations, and all hydrants and water.
meters. The Wastewater Division is responsible for all operation, repair, and maintenance efforts within the sewer
collection system, lift stations, and treatment plant. The water and wastewater facilities of the System serve all
areas of the City and extend also into the Urban Growth Area ("UGA') east and west of the City.
Administration
Glenn A. Cutler, Director of Public Works and Utilities, is a Registered Professional Engineer in the States of
Washington and Georgia, and has 37 years of experience in managing public works and utility functions for the
United States Navy and the City.
Steve P. Sperr, City Deputy Director of Engineering Services/City Engineer. Mr. Sperr is responsible for
supervising the planning, design, and construction management of the City's utility projects. He joined the City's
Public Works and Utilities Department in 1998. Before joining the City, he was employed for eight years as a civil
engineer for public health services in the state of Washington.
Utility Advisory Committee. The Utility Advisory Committee ("UAC") reviews all major projects and issues
affecting the City's utilities and makes recommendations to the City Council. The UAC is composed of three City
Council members, a representative from the industrial rate class and a representative from the
residential/commercial rate class. The UAC meets monthly and the meetings are open to the public. Examples of
issues addressed by the UAC include utility rate adjustments, capital construction project prioritization and utility
policy and procedure changes.
Labor Relations
Employees of the System are represented by a labor union, AFSC'VlE #1619. See "THE CITY—Labor Relations."
• Insurance
•
The System is covered under the City's umbrella policy for both property and liability insurance. Liability limits
are $4 million per occurrence in the primary layer; $1 million per occurrence, subject to a $20 million annual
aggregate, in the excess layer; and $11 million per occurrence in the second excess layer. See "THE CITY Risk
Management."
Capital Facilities Planning
Under RCW 36.70A.070 of the Growth Management Act of the State of Washington, adopted by the Legislature in
1990, the City is required to develop a Comprehensive Pian ("Plan") that represents the City's growth and
development over the next 20 years. Among the components of the Plan is the capital facilities element, which
specifically considers the City's fiscal capability to provide the public capital facilities necessary to support the
other Plan elements. .The Capital Facilities Element or Capital Facilities Plan ("CFP") is intended to prioritize
capital improvements for planning periods of six years. The City annually reviews the Plan and adopts amendments
to update the plan. The City adopted the most recent Plan amendment in June of 2009.
The CFP is used to identify and coordinate public facility and equipment needs to maximize return to the
community. The CFP includes the capital needs of the System, in addition to other capital facilities of the City. The
first year of the CFP is called the Capital Budget, which is incorporated into the annual City Budget, and for which
the City then appropriates the funds necessary to implement capital improvement projects.
-11-, F- 17
The following tables indicate the capital improvement projects and funding sources identified by the FCS Group for
the System.
Total Capital Projects
Upgrades and Expansions
Repairs and Replacements
Total Capital Outlays
Less: Other Funding Sources
Developer Donations
System Development Charges
New Debt: Revenue Obligations (1)
Total Other Funding Sources
Capital Projects Funded from Rates
Water Utility Capital Facilities Plan
(1) Anticipated Public Works Trust Fund Loans.
Source: FCS Group Cost of Service Study January 2009
Total Capital Projects
Upgrades and Expansions
Repairs and Replacements
Total Capital Outlays
Less: Other Funding Sources
Existing Loan Proceeds
Developer Donations
System Development Charges
Septic Hauler Fund
Total Outside Funding Sources
Capital Projects Funded from Rates
Wastewater Utility Capital Facilities Plan
2009 2010 2011 2012 2013
$ 373,000 $ 1,227,500 $ 1,172,000 $ 575,000 $ 0
389,000 654,200 3,245,000 175,000 505,000
$ 762,000 $ 1,881,700 $ 4,417,000 $ 750,000 $ 505,000
634,000
2009
2010
2011
2012
0
2013
$
295,000
$ 185,000
$ 665,000
$ 660,000
$
0
100,000
970,000
3,495,000
1,925,000
595,000
0
160,000
$
1,265,000
$ 3,680,000
$ 2,590,000
$1,255,000
$
160,000
610,000
1,590,000
1,120,000
660,000
0
60,000
60,000
60,000
60,000
60,000
0
1,012,078
928,405
0
0
$
670,000
$ 2,662,078
$ 2,108,405
$ 720,000
$
60,000
$
595,000
$ 1,017,922
$ 481,595
$ 535,000
$
100,000
(1) Anticipated Public Works Trust Fund Loans.
Source: FCS Group Cost of Service Study January 2009
Total Capital Projects
Upgrades and Expansions
Repairs and Replacements
Total Capital Outlays
Less: Other Funding Sources
Existing Loan Proceeds
Developer Donations
System Development Charges
Septic Hauler Fund
Total Outside Funding Sources
Capital Projects Funded from Rates
Wastewater Utility Capital Facilities Plan
2009 2010 2011 2012 2013
$ 373,000 $ 1,227,500 $ 1,172,000 $ 575,000 $ 0
389,000 654,200 3,245,000 175,000 505,000
$ 762,000 $ 1,881,700 $ 4,417,000 $ 750,000 $ 505,000
634,000
0
1,699,200
0
0
0
1,154,200
1,770,800
575,000
0
100,000
650,000
100,000
100,000
100,000
28,000
77,500
597,000
0
0
$ 762,000
$ 1,881,700
$ 4,167,000 $
675,000
$ 100,000
$ 0 $ 0 $ 250,000 $ 75,000 $ 405,000
Source: FCS Group Cost of Service Study January 2009.
Not included in the table above is a project for the design and construction of a storage tank for combined sewer
overflows. The combined sewer overflow ("CSO") tank would be designed to remove settled solids and store
excess flows from five main overflow sites along Railroad Ave. and at Francis Street. This project is a potential
requirement for the City's National Pollution Discharge Elimination System ("NPDES") Waste Discharge Permit to
operate the Wastewater Treatment Plant to reduce flows to the plant and reduce the CSOs. The size and cost of the
holding tank could be reduced or possibly eliminated, as separation of the storm drain and sanitary sewer lines
occurs. The entire CSO project 'including the tank, outfall reduction and modifications to sewer flow is anticipated
to cost approximately $40 million over the course of several years. Public Works Trust Fund Loans as well as a
CSO reserve of S2 million are expected to be used to fund this project.
Future Debt
The City is considering issuing additional Parity Bonds in 2010 to provide approximately $1,100,000 for the water
utility and $1,100,000 for the wastewater utility. However, this potential debt issue has not been considered or
approved by the City Council.
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F-18
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C7
• WATER UTILITY
The water utility maintains the City drinking water system from a collector well on the Elwha River that replaced
the original Morse Creek water source used by the City between 1924 and 1978. The water system has
approximately 193 miles of pipe ranging from 4 to 24 inches in diameter, 3 water booster pump stations, and
5 reservoirs with 18 million gallons of storage capacity. There are currently about 7,851 accounts. The water
system is divided into three pressure zones, with at least one reservoir for each zone.
The water supply is obtained from the Ranney collector well next to the Elwha River located east of the City. The
water is disinfected using sodium hyperchloride at the source. Re -chlorination occurs at each of the distribution
system reservoirs except the Mill Creek Reservoir. No other chemicals are added. Rates are based on base charges
as well as water usage. The average cost of water for residential customers is $34.35 per month based on 650 cubic
feet. The water utility meets or exceeds all State and Federal drinking water standards.
The City also owns and operates a 12 -mule, 48 -inch diameter raw water gravity pipeline that provides water to the
industrial users along the waterfront. The source of this water is a surface water intake on the Elwha River
approximately 0.5 miles upstream of the City's Ranney well. This water is treated by those users to meet their
needs. The pipeline can provide up to 50 million gallons per day ("mgd"). Current use is approximately 20 mgd.
Industrial water rates are individually negotiated
In accordance with the Elwha River Ecosystem and Fisheries Restoration Act, the federal government is providing
the City a new water treatment plant. The water treatment plant is anticipated to be completed and operational by
the end of 2009.
Service Area
The City's water system serves the area within the City limits, along with -fewer than 100 water customers located
outside the City's boundaries. There is also an intertie with Clallam County Public Utility District No. 1 ("Clallam
• PUD"-) in the eastern UGA in which the City provides water to Clallam PUD under a wholesale water contract.
This serves some Clallam PUD customers on the west side of Morse Creek in conjunction with several Clallam
PUD wells in that area.
Repair and Replacement Program
Each year the City contracts with Utility Services Associates to perform a leak detection survey of approximately
one-fifth of the water distribution system. This service helps the Water Division detect and repair leaks that have
not been detected visually, and thus helps in the recovery of lost water revenue and water conservation efforts. The
City' contracts annually with GC Systems to service, calibrate, and rebuild all automatic, modulating, and pressure
reducing valves over a five-year cycle.
The City budgets approximately $300,000 every other year for continuation of the repair and replacement of aging
water lines as described in the CFP of the City.
Regulatory Compliance
The City is in compliance with all State and Federal drinking water regulations and compliance agreements.
Peak System Flow Capacities
The 60 -foot deep Ranney collector well has two 600 horsepower vertical turbine pumps, each equipped with seven
stages. Each pump has a rated capacity of 5.3 mgd. When both pumps are in operation, their combined capacity
ranges from 10.2 to 10.5 mgd, depending on flow conditions in the Elwha River. The City has water rights for the
Elwha River for municipal use of 22,500 gallons per minute or 32.3 mgd. The average daily demand is 3.3 mgd and
the peak demand over the past five years was 7.11 mgd in 2004.
• Results of the 2000 Census showed an average 0.4 percent annual population growth rate for the City since 1990,
which was less than had been anticipated. Projections for population growth for the purposes of forecasting future
-13- F- 19
water demand for the City as well as for the Eastern UGA shown in the table below were developed based on a
0.5 percent annual growth rate, with demand in the City's current and future service areas estimated to grow at the
same rate as population growth. The City's system is expected to meet supply demand beyond 2020.
Population and Demand Projections
Year
2008
2007
2006
2005
2004
Source: The City Water System Plan
Water Rates and Charges
Peak Flows (mgd)
5.97
5.91
6.04
6.05
7.11
The City commissioned a water and wastewater utility cost of service study by FCS Group, Inc. of Bellevue,
Washington, for the period 2009 through 2014. The study was completed in 2008 and recommended water rate
increases of 8.5% for 2009 and 14% in 2010, the 8.5% increase was included in the most recent rate ordinance
adopted by the City Council on September 16, 2008. The City Council reviews rate changes on an annual basis and
will be reviewing the suggested 14% increase during the 2010 budget process. The following table represents the
water rates and increases adopted by the City Council. Water rates for wholesale customers are established by
contract. Rates for customers located outside of the City limits are 50% higher. Of these customers located outside
of the City limits, some residential customers pay a flat rate charge in lieu of the monthly base charge plus metered
consumption rates.
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F -'20
•
•
•
2000 Base Year
2006
2020
Population
The City
18,430
19,505
20,916
Eastern UGA Annexation Area
2,062
2,125
2,278
Combined Total
20,992
21,630
23,194
Water Demand (mgd)
Average Daily Demand
3.40
3.50
3.75
Maximum Daily Demand
8.11
8.36
8.96
Peak Hour Demand
13.13
13.53
14.51
Source: The City Water System Plan
The following table represents the peak
flows for the water system for the past five years.
Historical Peak Water Flows
Year
2008
2007
2006
2005
2004
Source: The City Water System Plan
Water Rates and Charges
Peak Flows (mgd)
5.97
5.91
6.04
6.05
7.11
The City commissioned a water and wastewater utility cost of service study by FCS Group, Inc. of Bellevue,
Washington, for the period 2009 through 2014. The study was completed in 2008 and recommended water rate
increases of 8.5% for 2009 and 14% in 2010, the 8.5% increase was included in the most recent rate ordinance
adopted by the City Council on September 16, 2008. The City Council reviews rate changes on an annual basis and
will be reviewing the suggested 14% increase during the 2010 budget process. The following table represents the
water rates and increases adopted by the City Council. Water rates for wholesale customers are established by
contract. Rates for customers located outside of the City limits are 50% higher. Of these customers located outside
of the City limits, some residential customers pay a flat rate charge in lieu of the monthly base charge plus metered
consumption rates.
[REMAINDER OF PAGE MTNTIONALLY LEFT BLANK]
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F -'20
•
•
•
•
L J
Water Utility Rates and Charges
ki/ % AdLUd i, r v1.1.
Source:' The City Water System Plan
-15-
F-21
2009
Inside City
Residential
Monthly Meter Charge
3/4" Service (w/ 5/8" meter)
$ 24.65
3/4" Service (w/ 3/4" meter)
26.75
1"
29.85
1-1/2"
55.30
2"
86.50
Residential Consumption Charge (per 100
cubic feet)
1" Tier —1, 000 cubic feet
1.92
2"d Tier —1, 001 to 1, 500 cubic feet
2.42
3'd Tier — greater than 1, 500 cubic feet
2.92
Commercial and All Other Metered
Monthly Meter Charge
3/4" Service (w/ 5/8" meter)
34.90
3/4" Service (w/ 3/4" meter)
37.25
1"
41.10
1-1/2"
72.40
2"
110.15
3"
197.70
4"
323.15
6"
636.55
8"
1012.40
Consumption Charge —per 100 cubic feet
2.42
Industrial
Monthly Meter Charge
N/A
Consumption Charge —per 100 cubic feet.
1.46
2009
Outside City
Residential
Monthly Flat Rate
$ 61.15
Monthly Meter Charge
3/4" Service (w/ 5/8" meter)
36.98
3/4" Service (w/ 3/4" meter)
40:13
F,
44.78
1-1/2"
82.95
2"
129.75
Residential Consumption Charge — per
100 cubic feet
1" Tier -1, 000 cubic feet
2,88
2'a Tier —1, 001 to 1,500 cubic feet
3.63
3'd Tier—greater than 1,500 cubic feet
4.38
Wholesale (1)
Per Contract
ki/ % AdLUd i, r v1.1.
Source:' The City Water System Plan
-15-
F-21
The following table is a five-year history of water utility rate increases for residential water users inside the City. •
Rates for commercial and industrial users as well as water users outside of the City were increased in the same
years.
Water Rate History
(1) Only charged to customers located outside of City limits.
Source: The City
The following table represents the five-year history of system development and connection charges for new
connections with a 5/8 -inch meter to the water utility.
History of Water Utility Capital Facilities Charges
2004
2005
2006
2007
2008
Monthly Flat Rate (1)
$ 31.40
$ 32.30
$ 38.45
$ 45.75
$ 48.95
Monthly Meter Charge
2006
1,200
640
2005
1,025
3/4" Service (w/ 5/8" meter)
14.50
14.95
17.80
21.20
22.70
3/4" Service (w/ 3/4" meter)
15.75
16.20
19.30
23.00
24.65
1"
17.65
18.15
21.60
25.70
27.58
1-1/2"
32.60
33.60
40.00
47.60
50.95
2"
51.00
52.55
62.55
74.45
79.75
Consumption Charge -100 cf
1.16
1.19
1.42
1.70
1.82
(1) Only charged to customers located outside of City limits.
Source: The City
The following table represents the five-year history of system development and connection charges for new
connections with a 5/8 -inch meter to the water utility.
History of Water Utility Capital Facilities Charges
Re -Sale (1)
System Development
Residential Service
Year
Charges
Connection Fees
2008
$1,265
$770
2007
1,200
715 •
2006
1,200
640
2005
1,025
640
2004
1,025
640
Source: The City
The following table represents the fiscal year annual revenue collections from water charges of the System for users
by classification.
History of Water Utility Rate and Charge Revenue Collection
(1) Clallam PUD.
Source: The City
Sale for
Industrial
Re -Sale (1)
Commercial/
Year
Residential
Municipal
2008
$2,768,017
$1,376,938
2007
2,613,641
1,324,931-
2006
2,246,181
1,122,614
2005
1,838,632
914,515
2004
1,846,834
911,913
(1) Clallam PUD.
Source: The City
Sale for
Industrial
Re -Sale (1)
Total
$24,453
$247,880
$ 4,417,288
51,805
239,861
4,230,238
43,563
240,662
3,653,020
35,996
204,984
2,994,127
41,234
182,813
2,982,794
-16-
F-22
•
•
•
C7
Ten Largest Water Customers
uvasi ,c, s ioc a.,.aay
The following table represents the number of actual residential and commercial water accounts of the City at fiscal
year end. Currently, the City has one wholesale account.
Water Accounts
Year
2008
Percent
Customer
Billed Charges
of Revenues
Clallam County PUD No. 1
$ 268,846
6.1%
City of Port Angeles
104,707
2.4
Nippon
80,752
1.8
Port of Port Angeles
58,362
1.3
Port Angeles School District
55,555
1.3
Olympic Medical Center
52,034
1.2
K -Ply
39,882
0.9
Clallam County Housing Authority
39,063
0.9
Clallam County
35,337
0.9
Peninsula College
32,227
0.7
uvasi ,c, s ioc a.,.aay
The following table represents the number of actual residential and commercial water accounts of the City at fiscal
year end. Currently, the City has one wholesale account.
Water Accounts
Year
Residential
Commercial
Total .
2008
6,713
1,135
7,848
2007
6,761
1,178
7,939
2006
6,690
1,163
7,853.
2005
6,616
1,144.
7,760
2004
6 546
1 130
7 676
Source: The City
The following table is a sampling of competing city water rates. The cities of Sequim and Port Townsend are the
closest cities to the City.
2008 Comparable Monthly Residential Water Rates
Source: Association of Washington Cities 2008 Tax and User Fee Survey
-17-
F-23
Average Single
Family Rate Using
City
1,000 cf (1)
Ocean Shores
$66.27
Oak Harbor
52.08
City of Port Angeles
43.85
Kelso
30.43
Sequim
30.03
Poulsbo
29.64
Aberdeen
29.49
Port Townsend
29.15
Source: Association of Washington Cities 2008 Tax and User Fee Survey
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F-23
WASTEWATER UTILITY
The wastewater utility provides for the collection and treatment of wastewater from residential, commercial and
industrial uses. The wastewater system has 142 miles of sanitary and combined sewers ranging from 4 to 48 inches
in diameter, 12 pump stations, a secondary wastewater treatment plant ("STP") and 7,410 accounts. The primary
treatment plant was constructed in 1967 and the secondary plant was constructed in 1994.
The STP facility consists of mechanical and manually cleaned bar screens, grit separation and removal, trickling
filter/solids contact treatment, two secondary clarifiers, and two chlorine contact basins for disinfection.
Dechlorination facilities are also in operation. Sludge is processed through a gravity thickener to two anaerobic
digesters to a holding tank and belt filter press. Treated biosolids are hauled to the City's Solid Waste Transfer
Station site and composted or land applied.
The existing outfall consists of a 27 -inch diameter concrete cylinder pipe projecting 3,500 feet offshore. The outfall
ends in a 230 -foot diffuser section at a depth of 60 feet.
Service Area
The wastewater utility serves most of the City, as well as some customers located in the Urban Growth Areas.
Peak System Flow Capacities
The treatment plant has a capacity expected to be adequate based on a current population of 19,260, with average
annual population growth not exceeding 0.5%, and a design population of 24,800. The STP treats an average of 2.1
mgd of domestic sewage. Peak system flow capacities average 3.3 mgd with a maximum of 13.4 mgd-
Historical
gd
Historical Peak Wastewater Flows
C
Year
Peak Flows (mgd)
2008
8.79 •
2007
9.10
2006
7.79
2005
5.93
2004
8.29
The secondary treatment plant is currently operating at about one-third of its organic loading capacity. During
storm events, the system can reach its hydraulic capacity, at which time any overflows bypass the system and go
directly to the chlorination system and are discharged to the outfall into the Strait of Juan de Fuca.
Repair and Replacement Program
The City budgets approximately $300,000 every other year for continuation of the repair and replacement of aging
sewer lines.
Regulatory Compliance.
The City is in compliance with its NPDES waste discharge permit issued by the Washington State Department of
Ecology ("DOE").
Wastewater Utility Rates and Charges
Wastewater utility rates were examined as part of the Comprehensive Water and Wastewater Cost of Service Study
commissioned by the City in 2009. FCS Group, Inc. concluded in the study that the City wastewater utility rates
should be increased by 2.1% in 2009. The 2.1% increase was approved by the City Council by ordinance on
September 16, 2008 and became effective January 1, 2009. The City's wastewater rates are based on water usage.
The following represent the rates currently in effect.
•
-18- F -24
• Single Residential Unit Monthly Rate.
A. Each residential unit and each living unit connected with the City water system is charged a
monthly customer charge during the months in which water is consumed.
B. The rate for customers whose monthly water consumption equals or exceeds 430 cubic feet is
$42.60.
C. The rate for customers whose monthly water consumption falls below 430 cubic feet is $38.35.
D. The rate for CSO charges is in addition to wastewater rates.
A small portion of the City's wastewater system is combined with stormwater drainage. The City created a storm
water utility in 2004 to address stormwater problems and to separate remaining stormwater from the wastewater
stream. Except for certain Combined Sewer Overflow charges, storm water utility revenue are not included with
water and wastewater utility revenues for purposes of debt service payments on the Parity Bonds. See information
under the heading "CSO Project" below.
Commercial and Industrial Rate. Each commercial and industrial discharge connected with the City water system is
charged monthly as follows:
A customer charge of $10.75 per month plus $3.07 per 100 cubic feet for the amount of metered water consumed by
the user in the billing period.
Commercial and Industrial Equivalent Plumbing Fixture Rate_ Commercial and industrial customers that have a
lower water or wastewater discharge into the public sewers than is reflected by their water consumption may apply
in writing to the Department of Public Works to have their
sewer charges calculated at the following rate: $3:35
times the total number of equivalent plumbing fixtures.
•
The following table shows a five-year history of wastewater utility rate increases for residential, commercial and
industrial users.
Wastewater Rate History
Residential
Commercial/Industrial
Year Consumption
Rate/Month Monthly Rate Plus S/ccf (1)
2009 Below 430 cubic feet
$38.35 $10.75 $3.07
Equal to or exceeding 430 cubic feet
42.60
2008 Below 430 cubic feet
37.55 9.80 2.80
Equal to or exceeding 430 cubic feet
41.70
2007 Below 430 cubic feet
35.65 9.30 2.65
Equal to or exceeding 430 cubic feet
39.60
2006 Below 430 cubic feet
34.00 8.85 2.50
Equal to or exceeding 430 cubic feet
37.80
2005 Below 430 cubic feet
32.60 8.45 2.39
Equal to or exceeding 430 cubic feet
36.25
(1) ccf= 100 cubic feet.
Source: The City
is
-19- F-25
The following table represents the five-year history of increases in system development and connection charges for •
new connections to the wastewater utility.
History of Wastewater Utility Capital Facilities Charges
System Development Residential Service
Year Charges Connection Fees
2008 $1,125 $120
2007 1,000 95
2006 870 95
2005 745 95
2004 745 95
Source: The City
History of Wastewater Rate and Charge Revenue Collection
Commercial/
Year
Residential
Municipal
Total
2008
$3,930,822
$19,952
$3,950,774
2007
3,787,175
24,135
3,811,310
2006
3,586,927
24,465
3,611,392
2005
3,379,281
20,073
3,399,354
2004
3,253,094
16,215
3,269,309
Source: The City
Customer
Ten Largest Wastewater Customers
Olympic Medical Center
Clallam Co. Housing Authority
Westcoast Hospitality/Red Lion
Port Angeles School District
U.S. Coast Guard
Extendicare
Clallam County
Welcome Inn RV Park
City of Port Angeles
Peninsula College
Source: The City
2008
Bill Charges
$61,123
49,537
32,073
31,855
24,821
24,592
21,113
19,548
18,389
17,431
-20-
Percent •
of Revenues
1.54%
1.25
0.81
0.80
0.62
0.62
0.53
0.49
0.47
0.44
F -26
r�
•
•
•
The following table represents the number of actual residential and commercial wastewater accounts of the City at
fiscal year end since 2000.
Wastewater Accounts
Year
Residential
Commercial
Total
2008
6,442
969
7,410
2007
6,454
982
7,435
2006
6,407
936
7,461
2005
6,474
933
7,408
2004
6,224
930
7,154
2003
6,153
924
7,077
2002
6,432
940
7,372
2001
6,682
914
7,596
2000
6,675
911
7,586
2008 Comparable Monthly Residential Wastewater Rates
Source: Association of Washington Cities 2008 Tax.and User Survey
CSO Project
To meet DOE requirements and timetable for control of CSO events, the- City was required to establish a CSO
reduction plan. The City has four CSO outfalls that require monitoring as part of the Wastewater Treatment Plant's
NPDES permit issued by the DOE. The following table summarizes CSO revenues that are accounted for as
additional revenue of the wastewater system.
Combined Sewer Overflow Rate and Charge Revenue
Year
Average Single
City
Family Rate
Poulsbo
$64.63
Sequim
52.10
Kelso
47.79
City of Port Angeles
42.60
Port Townsend
41.85
Oak Harbor
36.52
Aberdeen
30.16
Ocean Shores
24.33
Source: Association of Washington Cities 2008 Tax.and User Survey
CSO Project
To meet DOE requirements and timetable for control of CSO events, the- City was required to establish a CSO
reduction plan. The City has four CSO outfalls that require monitoring as part of the Wastewater Treatment Plant's
NPDES permit issued by the DOE. The following table summarizes CSO revenues that are accounted for as
additional revenue of the wastewater system.
Combined Sewer Overflow Rate and Charge Revenue
Year
C ommercial/Residentia
I-
2008
$850,645
2007
625,519
2006
391,865
2005
174,625
2004
0
Municipal
Total
$4,825
$855,470
4,459
629,978
2,892
394,757
1,089
175,714
0
0
-21-
F-27
Combined Sewer Overflow Rate History
(1) ccf = 100 cubic feet.
Source: The City
SYSTEM FINANCIAL, INFORMATION
Significant Financial Policies
The City Council has adopted the following policies regarding reserves for City enterprise funds, including the
Water/Wastewater Fund.
r�
A. An operating reserve will be established and maintained to provide sufficient cash flow to meet
daily financial needs. This reserve, established by the City Council, is based upon 60 days of
operating and maintenance expenses. For the Water/Wastewater Fund, that 60 -day operating
reserve amount is $2,500,000, which is currently funded at that level. •
B. For budgeting purposes, operating expenses are calculated based on the Fund's total expense
budget excluding ending fund balances, capital purchases, and the current year's portion of principal
paid on outstanding debt
C. Bond reserves will be created and maintained in accordance with the provisions set forth in the
bond covenants.
The City will maintain the self-insurance funds at a sufficient level to provide health care and worker's
compensation benefits and to avoid catastrophic loss.
Procedures for collecting delinquent accounts. The City policy regarding the collection of water and wastewater
rates is determined by the following sequence of events.
1. An account billed is given 30 days to pay.
2. After thirty days a delinquency notice is sent to the customer to pay or arrange to pay within 10
days. At this time services may be disconnected without further notice.
3. Within the 10 -day notice period the customer is telephoned to give another warning to pay or
arrange to pay.
4. If the customer has no phone number, the City delivers a door hanger to the account address with
instruction to pay or arrange to make payment within 24 hours or services will be disconnected.
5. If the customer has not made a payment or an arrangement to pay within this time period, the
service is eligible for service disconnection.
•
-22-
F-28
Residential
Commercial/Industrial
Year
Consumption
Rate/Month
Monthly Rate
Plus $/ccf (1)
2008
Below 430 cubic feet
$7.95
$2.05
$ .70
Equal to or exceeding 430 cubic feet
8.90
2007
Below 430 cubic feet
5.80
1.50
.50 .
Equal to or exceeding 430 cubic feet
6.50
2006
Below 430 cubic feet
3.75
.95
.30
Equal to or exceeding 430 cubic feet
4.20
2005
Below 430 cubic feet
1.80
.45
.13
Equal to or exceeding 430 cubic feet
2.00
2004
Below 430 cubic feet
N/A
N/A
N/A
Equal to or exceeding 430 cubic feet
N/A
(1) ccf = 100 cubic feet.
Source: The City
SYSTEM FINANCIAL, INFORMATION
Significant Financial Policies
The City Council has adopted the following policies regarding reserves for City enterprise funds, including the
Water/Wastewater Fund.
r�
A. An operating reserve will be established and maintained to provide sufficient cash flow to meet
daily financial needs. This reserve, established by the City Council, is based upon 60 days of
operating and maintenance expenses. For the Water/Wastewater Fund, that 60 -day operating
reserve amount is $2,500,000, which is currently funded at that level. •
B. For budgeting purposes, operating expenses are calculated based on the Fund's total expense
budget excluding ending fund balances, capital purchases, and the current year's portion of principal
paid on outstanding debt
C. Bond reserves will be created and maintained in accordance with the provisions set forth in the
bond covenants.
The City will maintain the self-insurance funds at a sufficient level to provide health care and worker's
compensation benefits and to avoid catastrophic loss.
Procedures for collecting delinquent accounts. The City policy regarding the collection of water and wastewater
rates is determined by the following sequence of events.
1. An account billed is given 30 days to pay.
2. After thirty days a delinquency notice is sent to the customer to pay or arrange to pay within 10
days. At this time services may be disconnected without further notice.
3. Within the 10 -day notice period the customer is telephoned to give another warning to pay or
arrange to pay.
4. If the customer has no phone number, the City delivers a door hanger to the account address with
instruction to pay or arrange to make payment within 24 hours or services will be disconnected.
5. If the customer has not made a payment or an arrangement to pay within this time period, the
service is eligible for service disconnection.
•
-22-
F-28
• Water/Wastewater Fund
Statement of Revenues, Expenses and other Changes in Fund Equity
For the Fiscal Years Ended December 31
•
-23- F -29
Preliminary
Audited
Audited
Audited
Audited
2008
2007
2006
2005
2004
Operating Revenues
Charges for Service - Water
$ 4,614,795
$ 4,464,313
$ 3,928,124
S 3,273,761
$ 3,103,750
Charges for Service - Sewer
5,974,532
5,174,164
4,614,642
4,026,495
3,613,307
Miscellaneous Revenues
13,295
77,304
61,470
84,279
25,933
Total Operating Revenues
10,602,622
9,715,781
8,604,236
7,384,535
6,742,990
Operating Expenses
Operation and Maintenance
3,305,779
2,962,579
3,284,904
2,838,536
2,446,485
Taxes
1,172,484
1,077,770
916;022
775,860
762,842
Administrative and General
1,876,448
1,827,591
1,593,179
1,523,872
I,474,449
Depreciation
2,239,868
2,169,737
1,912,92I
1,952,272
2,02I,722
Total Operating Expenses
8,594,579
8,037,677
7,707,026
7,090,540
6,705,498
Operating Income (Loss)
2,008,043
I,678,I04
897,210
293,995
37,492
Nonoperating Revenues (Expenses)
Interest Income
646,468
475,857
291,464
190,845
192,457
Interest Expenses
(16,401)
(17,252)
(15,887)
(49,146)
(92,882)
Grants
0
5,994
(1,078)
0
0
Gain (loss) on sale of capital assets
0
0
0
(84,145)
0
Bond premiums
0
0
0
29,395
0
Debt Issuance
0
0
0
2,896,016
0
Other Income (Expenses)
0
0
0
0
4,690
Income (Loss) before Operating
Transfers
•
2,638,110
2,142,703
1,171,709
3,276,959
141,757
Operating Transfers
Operating Transfers In/(Out)
(251,259)
(477,950)
(220,522)
443,612
(196,813)
Net Income (Loss)
2,386,851
1,664,753
951,187
3,720,571
(55,056)
Add depreciation on capital assets
acquired by capital grants
267,8I4
267,814
267,814
267,814
267,8I4
Net Increase (Decrease) in Retained
Earnings
2,654,665
1,932,567
1,219,001
3,988,385
.212,758
Fund Equity
Beginning of Year
47,089,921
41,820,474
40,017,981
35,826,834
35,881,890
Increase in Contributions
1,417,305
3,604,694
851,306.
470,576
0
Contributed Capital from Grants
(267,814)
(267,814)
(267,814)
(267,814)
(267,814)
Fund Equity at End of Year
$ 50,894,077
$ 4?,089,921
$ 41,820,474
$ 40,017,981
$ 35,826,834
•
-23- F -29
Assets
Current Assets:
Cash and Equity in Pooled
Investments
Net Receivables
Assessments
Interest
Accounts
Due from Other Governments
Inventory (1)
Total Current Assets
Other Assets:
Special Assessment Deferred
Deferred Amount on Refunding
Total Other Assets
Restricted Assets:
Cash and Cash Equivalents for:
Combined Sewer Overflow
Debt Service
Deposits
Rate Stabilization
Total Restricted Assets
Property, Plant and Equipment
Land and Land Improvements
Buildings
Improvements
Utility plant in Service
Furniture, Machinery and Equipment
Asset Held for Resale
Construction in Progress
Total Property, Plant and Equipment
Less Accumulated Depreciation
Net Property, Plant and Equipment
Deferred Charges:
Unamortized Bond Discount
Total Assets
Water/Wastewater Fund
Comparative Balance Sheet Assets
For the Years Ended December 31
Preliminary Audited Audited Audited Audited
2008 2007 2006 2005 2004
$ 8,873,639 $ 6,689,623 $ 5,158,057 $ 5,736,572 $ 4,796,535
8,129
10,379
11,939
19,531
27,460
69,641
61,142
44,203
20,824
21,378
1,411,899
1,258,056
1,160,069
1,270,283
963,484
0
864,667
371,923
142,578
1,800
195,686
182,252
216,463
198,519
191,399
10,558,994
9,066,119
6,962,654
7,388,307
6,002,056
6,596
16,238
26,870
57,644
80,303
594,941
632,125
669,309
706,492
743,676
601,537
648;363
696,179
764,136
823,979
1,992,039
1,152,188
539,527
0
0
1,017,218
389,424
389,424
389,424
1,329,038
2,125
1,000
750
688
515
1,130,000
1,130,000
1,130,000
1,318,850
2,000,000
4,141,382
2,672,612
2,059,701
1,708,962
3,329,553
543,752
543,752
497,746
497,746
465,139
1,251,473
1,251,473
1,230,082
1,230,082
1,230,082
34,461,305
34,468,200
33,788,399
30,988,362
30,988,362
47,588,632
46,844,830
45,883,103
41,750,629
40,766,755
2,270,724
2,321,949
2,303,727
719,391
723,098
0
0
46,007
46,007
223,934
10,311,139
6,654,384
2,119,485
7,661,672
3,047,155
96,427,025
92,084,588
85,868,549
82,893,889
77,444,525
(40,579,303)
(38,397,554)
(36,227,816)
(34,314,896)
(32,366,330)
55,847,722
53,687,034
49,640,733
48,578,993
45,078,195
192,010 203,092 214,174 225,255 236,337
$ 71,341,645 $ 66,277,220 $ 59,573,441 $ 58,665,653 $ 55,470,120
(1) Inventory includes water meters, pipes and other supplies of the System.
-24-
F-30
•
C7
• Water/Wastewater Fund
Comparative Balance Sheet
Liabilities and Fund Equity
For the Years Ended December 31
Liabilities and Fund Equity
Current Liabilities
Accounts Payable
Due to Other Funds
Due to Other Governments
Wages Payable
Current Portion of Compensated
Absences
Interest Payable
Current Portion of Long -Term Debt
Customer Deposits Payable
Other Current Liabilities
Total Current Liabilities
Long -Term Liabilities
Non-current Compensated Absences
Deferred Revenue
Unamortized Bond Discount/Premium
Long -Term Debt
Total Long -Term Liabilities
Total Liabilities
• Fund Equity
Contributed Capital
Contributed Capital from Grants
Retained Earnings - Unreserved
Total Fund Equity
Total Liabilities and Fund Equity
•
Preliminary
Audited
Audited
Audited
Audited
2008
2007
2006
2005
2004
$ 117,511
$ 608,767
$ 258,028
$ 527,944
$ 543,514
45,326
48,293
41,593
34,492
30,343
113,251
86,011
23,751
15,267
17,099
74,539
62,356
51,809
49,711
44,596
52,171
43,486
99,592
85,017
71,928
I20,134
117,188
117,977
123,699
97,246
1,183,427
1,150,765
425,000
410,000
390,000
2,125
1,000
750
688
515
0
0
655,259
1,237
3,632
$ 1,708,484
$ 2,117,866
$ 1,673,759
$ 1,248,055
$ 1,198,873
137,308
120,323
104,937
108,639
104,978
6,596
16,238.
26,870
57,644
80,303
49,833
52,345
54,858
57,370
59,882
18,545,351
16,880,528
15,892,543
17,175,966
18,199,250
18,739,088
17,069,434
16,079,208
17,399,619
18,444,413
20,447,572
19,187,300
17,752,967
18,647,674
19,643,286
8,360,291
8,360,291
8,3 60,291
8,3 60,291
8,360,291
7,216,680
7,216,680
7,216,680
7,216,680
7,396,865
35,317,102
31,512,949
26,243,503
24,441,009
20,069,678
50,894,073 47,089,920 41,820,474 40,017,980 35,826,834
$ 71,341,645 $ 66,277,220 $ 59,573,441 $ 58,665,654 $ 55,470,120
-25- F-31
(1)
Water/Wastewater Fund
2008 and 2009 Operating Budgets
Summary of Revenues and Expenses
For Fiscal Years Ended December 31
Revenue
Operating Revenues - Water
Operating Revenues - Wastewater
Interest on Investment
Construction Contribution
Other Revenue
Total Revenue
Expenses by Object
Personnel (1)
Supplies
Charges for Services (2)
Utility Taxes
Capital Outlay
Total Expenses
Operating Income (Expense)
Non -Operating Expenses
Transfer to Economic Development
Transfer to Capital Improvement Fund
Transfer to 2005 General Obligation Bond Fund
(Western Urban Growth Area improvements)
Construction Projects
Debt Service
Total Non -Operating Expenses
Revenues less Expenses
Proceeds from PWTF and SRF Loans
Transfer from Other Funds
Net Increase (Decrease) In Unreserved Cash
Cash designated for rate stabilization
Unreserved Cash Balance
2008
4,822,550
5,481,500
325,000
1,225,000
58,555
11,912,605
1,813,073
522,210
3,713,470
1,154,115
45,000
7,247,868
4,664,737
60,000
50,000
180,967
3,933,000
1,726,235
5,950,202
(1,285,465)
4,528,750
149.708
3,392,993
1,130,000
$ 5,141,759
2009
$ 5,131,513
5,766,500
290,000
150,000
40,400
11,378,413
2,010,409
685,700
3,626,602
1,460,418
111,250
7,894,379
3,484,034
60,000
150,000
181,111
12,382,000
1,789,961
14,563,072
(11,079,038)
8;000,000
149,525
(2,929,513)
1;130,000
$ 4,647,903
Personnel increases between 2009 and 2008 budgets are due to the budgeting for two new utility workers and
one temporary part-time Source Control Intern. Additional increases include a 12% increase in Public
Employees Retirement System retirement rates, a 5.58% cost -of -living adjustment, merit increases and a 10%
increase in Association of Washington Cities insurance rates.
(2) Increases in Charges for Services between 2009 and 2008 budgets are due to rate increases in water and
wastewater utility services. Average increases for each service are 7.5% and 29% respectively. These
increases were based on a cost of service study that was completed and approved in 2008.
-26- F - 32
•
•
•
•
Operating Revenues
Charges for Service
Miscellaneous Revenues
Total Operating Revenues
Other Income
Interest Income
Contributions in Aid of Construction
Total Other Income
Operating Expenses
Operation and Maintenance
Taxes other than City taxes
Total Operating Expenses
Transfers
Operating Transfers In/(Out)
Water/Wastewater Utility
Historical Coverage frown Operations
For Fiscal Years Ended December 31
2008 2007 2006 2005 2004
$10,589,327 $9,638,477 $8,542,766 $7,300,256 $6,717,057
13,295 77,304 61,470 84,279 25,933
10,602,622. 9,715,781 8,604,236 7,384,535 6,742,990
646,468 475,857 291,464 190,845 192,457
I,417,305 3,604,694 851,306 470,576 0
2,063,773 4,080,551 1,142,770 661,421 192,457
5,I82,227 4,790,170 4,878,083 4,362,408 3,920,934
1,I72,484 1,077,770 916,022 775,860 762,842
6,354,711 5,867,940 5,794,105 5,138,268 4,683,776
(251,259) (477,950) (220;522) 443,612 (196,813)
Net Revenue Available for Debt Service
$6,060,425
$7,450,442
$3,732,379
$3,351,300
$2,054,858
Parity Debt Service
DOE Loan (1)
$ 129,808
$ 259,616
$ 259,616
$ 259,616
$ 259,616
2003 Bonds
288,008
285,595
287,895
285,095
284,018
1998 Bonds (2)
692,978
695,378
692,178
688,378
491,578
Total Parity Debt Service
$1,110,794
$1,240,589
$1,239,689
$1,233,089
$1,035212
Total Subordinate Lien Debt Service
$ 615,442
$ 478,572
$ 483,107
$ 465,227
$ 456,599
Coverage of Parity Debt Service
5.46
6.01
3.01
2.72
1.98
Coverage of Total Debt Service
3.51
4.33
2.17
1.97
I.38
(1) State Revolving Fund Loan from the Department of Ecology was fully paid in 2008. All remaining State loans
are junior lien.
(2) Certain of the maturities of the 1998 Bonds are being refunded by the issuance of the Bonds.
THE CITY
The City is a non -charter code city incorporated in 1890. The. City encompasses an area of approximately
10.7 square miles in northwestern Clailam County along U.S. Highway 101 on the northern shore of Washington's
Olympic Peninsula. The City has an estimated population for 2009 of 19,260.
The City operates under the laws of the State of Washington applicable to charter code city with a council-manager
form of government. City elected officials consists of seven council members. The registered voters of the City
elect the Council members to four-year terms. Council members serve staggered terms. From its members, the City
Council elects the Mayor and the Deputy Mayor, who each serve two-year terms. The Mayor and Deputy Mayor
each have an equal vote on the Council. The Mayor presides over all Council meetings and represents the City at
ceremonial events. The Council is the legislative authority of the City and is responsible, among other things, for
passing ordinances and resolutions, holding public hearings, adopting the budget, appointing committees, and
adopting general policies and goals for the City. The Council appoints ,a City Manager who serves as chief
administrator of the City and oversees the entire city government under the direction and policies of the Council.
All City department managers report to the City Manager.
The City is a general-purpose government and provides public safety, fire prevention, street improvement, parks
and recreation, health and social services, and general administrative services. In addition the City operates
-27- F - 33
facilities for the supply, treatment and distribution of water, the collection and treatment of sewage, storm water •
drainage, and a municipal electric utility. Other local governments provide public education and library services.
The Council holds regular meetings twice a month and special meetings as needed. All meetings are open to the
public as provided by law and agenda items are prepared in advance. Brief resumes of the current Mayor, Deputy
Mayor, Council members and selected administrative officials follow.
Principal City Officers
Current members of the Council are:
Gary Braun, Mayor. Mr. Braun was elected to the City Council in 1992 where he served as Councilmember until
January 1998. He was then appointed Mayor through December 1999. He was re-elected to serve as
Councilmember in 2002, Deputy Mayor from 2004 to 2005, and is again serving as Mayor through December 2009.
Mr. Braun was employed by the City's Fire Department beginning in 1959, serving as Captain/Inspector from 1970
to 1980 then as Chief Fire Marshall -from 1980 to retirement in 1985. Mr. Braun serves on various boards and
commissions such as the Real Estate Committee, Law & Justice Committee, Clallam Transit Board and Firemen's
Pension Board.
Betsy Wharton, Deputy Mayor. Ms. Wharton was elected to the City Council in January 2006. Ms. Wharton has a •
Bachelor of Arts in Biology from Western Washington University and a Masters Degree in Nursing from the
University of Tennessee, Knoxville. She has worked in direct patient care as well as administrative roles, primarily
in hospice nursing and maternal child health. Some of the positions Ms. Wharton has held include Community
Health Nurse from 1996 to 1997 and again from 2000 to 2004; Director of Nursing Services from 1993 to 1996, and
Homeless Shelter Outreach Nurse in 1998. She is very active in the community. Some of her community activities
include Former President of the Port Angeles Youth Soccer Association; Board Member Port Angeles Farmer's
Market, and Board Member Feiro Marine Life Center. Ms. Wharton is currently serving on the City's Utility
Advisory Committee.
Dan Di Guilio, Councilmember. Mr. Di Guilio joined the City Council in January 2008. After serving three years
in the United States Army, Mr. Di Guilio attended Western Washington University. Mr. Di Guilio has worked as a
Law and Justice Planner at Grays Harbor Regional Planning Commission; the Director of Pacific Transit System
from 1980-1985; the General Manager of Clallam Transit System in 1995, retiring from that position in 2005. In
2007, he began work as Director of Housing Improvements for Olympic Community Actions Programs.
Mr. Di Guilio is currently serving on the City's Utility Advisory Committee.
Cherie Kidd, Councilmember. Ms. Kidd was elected to the City Council in 2008. Ms. Kidd is a native of Port
Angeles where she attended Peninsula College. She has worked for several Fortune 500 companies such as First
Financial Management, Sprint, KPMG and Egon Zehnder International. She has her own company including
Success Seminars speaking tours and a mini -storage facility.
Karen A. Rogers, Councilmember. Ms. Rogers was elected to the City Council in 2001. She served as Mayor
from 2006 to 2007. Ms. Rogers has her own company specializing in business strategies and government affairs for
the private sector. Her professional background includes working at and with corporations specializing in
telecommunications, innovative technologies, defense and aerospace. Other leadership roles include serving as the
President of the Association of Washington Cities, as well as for organizations such as the Peninsula College •
-28- F - 34
Elected Officials
Name
Position
Term Expires
Gary Braun
Council Member and Mayor
12/31/2009
Betsy Wharton
Council Member and Deputy Mayor
12/31/2009
Dan Di Guilin
Council Member
12/31/2011
Cherie Kidd
Council Member
12/31/2011
Don Perry
Council Member
12/31/2011
Karen A. Rogers
Council Member
12/31/2009
Larry Williams
Council Member
12/31/2009
Gary Braun, Mayor. Mr. Braun was elected to the City Council in 1992 where he served as Councilmember until
January 1998. He was then appointed Mayor through December 1999. He was re-elected to serve as
Councilmember in 2002, Deputy Mayor from 2004 to 2005, and is again serving as Mayor through December 2009.
Mr. Braun was employed by the City's Fire Department beginning in 1959, serving as Captain/Inspector from 1970
to 1980 then as Chief Fire Marshall -from 1980 to retirement in 1985. Mr. Braun serves on various boards and
commissions such as the Real Estate Committee, Law & Justice Committee, Clallam Transit Board and Firemen's
Pension Board.
Betsy Wharton, Deputy Mayor. Ms. Wharton was elected to the City Council in January 2006. Ms. Wharton has a •
Bachelor of Arts in Biology from Western Washington University and a Masters Degree in Nursing from the
University of Tennessee, Knoxville. She has worked in direct patient care as well as administrative roles, primarily
in hospice nursing and maternal child health. Some of the positions Ms. Wharton has held include Community
Health Nurse from 1996 to 1997 and again from 2000 to 2004; Director of Nursing Services from 1993 to 1996, and
Homeless Shelter Outreach Nurse in 1998. She is very active in the community. Some of her community activities
include Former President of the Port Angeles Youth Soccer Association; Board Member Port Angeles Farmer's
Market, and Board Member Feiro Marine Life Center. Ms. Wharton is currently serving on the City's Utility
Advisory Committee.
Dan Di Guilio, Councilmember. Mr. Di Guilio joined the City Council in January 2008. After serving three years
in the United States Army, Mr. Di Guilio attended Western Washington University. Mr. Di Guilio has worked as a
Law and Justice Planner at Grays Harbor Regional Planning Commission; the Director of Pacific Transit System
from 1980-1985; the General Manager of Clallam Transit System in 1995, retiring from that position in 2005. In
2007, he began work as Director of Housing Improvements for Olympic Community Actions Programs.
Mr. Di Guilio is currently serving on the City's Utility Advisory Committee.
Cherie Kidd, Councilmember. Ms. Kidd was elected to the City Council in 2008. Ms. Kidd is a native of Port
Angeles where she attended Peninsula College. She has worked for several Fortune 500 companies such as First
Financial Management, Sprint, KPMG and Egon Zehnder International. She has her own company including
Success Seminars speaking tours and a mini -storage facility.
Karen A. Rogers, Councilmember. Ms. Rogers was elected to the City Council in 2001. She served as Mayor
from 2006 to 2007. Ms. Rogers has her own company specializing in business strategies and government affairs for
the private sector. Her professional background includes working at and with corporations specializing in
telecommunications, innovative technologies, defense and aerospace. Other leadership roles include serving as the
President of the Association of Washington Cities, as well as for organizations such as the Peninsula College •
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• Foundation, the Clallam Business Incubator, and the Olympic Medical Center Foundation. Ms. Rogers is currently
serving on the City's Utility Advisory Committee.
Larry Williams, Councilmember. Mr. Williams was elected to the City Council in 1998 and re-elected in 2002 and
2006. He has served on the City's Utility Advisory Committee in previous terms. Mr. Williams served in the,Coast
Guard fot five years as a medic. He is certified to teach both at the Elementary and Secondary level. Mr. Williams
has 13 years of experience in the utility industry and is currently employed as a real estate agent at Carroll Realty.
He graduated from Central Washington State College with a Bachelor Degree in Interdepartmental Studies, as well
as Education.
Kent Myers, City Manager. Mr. Myers has served as City Manager since December 2008. Prior to serving the
City, Mr. Myers served as City Manager for Hot Springs, Arkansas; City Manager for Casa Grande, Arizona, and
City Manager for Converse, Texas, Mr. Myers has a Bachelor of Science degree in criminal justice from the
University of Texas at Arlington and a Masters Degree in Public Administration from Texas Christian University.
Yvonne Ziomkowski, Director of Finance. Ms. Ziomkowski has served as the City's Finance Director and City
Treasurer since June 1999. Prior to her current position, she served for ten years -as the City's Accounting
Manager/City Treasurer. Ms. Ziomkowski previously worked in financial analysis and cost accounting in South
Africa and Texas. Her experience includes budget management, utility rate development, financial management,
strategic planning, grant management, investment portfolio management, and public relations. Ms. Ziomkowski
holds the designations of Professional Finance Officer from the Washington Finance Officers Association, and is a
Certified Municipal Finance Administrator as designated by the Association of Public Treasurer's of the United
States and Canada. She currently serves on the Executive Board of Directors of the Washington Finance Officers
Association, holding the position of the Treasurer. She is also the past President of the Washington Municipal
Treasurers Association. Ms. Ziomkowski holds an M.A. in economics from the Technical University of Szczecin,
Poland.
• Labor Relations
The City employs 257 full-time, part-time and temporary employees. Approximately 82% of the City employees
are represented by four bargaining units and are employed under provisions of negotiated contracts. The City enters
into written bargaining agreements with each bargaining organization. Agreements contain provisions on such
matters as salaries, vacation, sick leave, medical and dental insurance, working conditions, and grievance
procedures. The following table describes the bargaining units representing various City employees.
•
Bargaining Unit Number of Employees Contract Expiration Date
AFSCME Local 1619 112 12/31/10
MEW Local 997 21 12/31/10
lAFF Local 656 25 12/31/10
Teamster Local 589 (sworn offiders) 29 12/31/10
Teamster Local 589 (support unit) 23 12/31/10
The City strives to be fair with all employees, consistent with all applicable State laws, to ensure equity, and
promote labor relation policies mutually beneficial to management and employees. The City negotiates labor
contracts through a management team. City officials consider all current labor relations to be satisfactory.
Pension System
Pensions for substantially all full-time and qualifying part-time City employees are provided through the
Washington State Department of Retirement System by either the Public Employees Retirement System ("PERS")
or the Law Enforcement Officers and Firefighters System ("LEOFF"), both of which are cost-sharing, multiple -
employer public employee retirement systems. Contributions to the systems by both employee and employer are
based upon actuarial percentages established by the State of Washington. City officials have stated that all required
contributions have been made to these plans and there is no unfunded liability on the part of the City.
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Risk Management •
The City of Port Angeles is a member of the Washington Cities Insurance Authority ("WCIA').
Utilizing Chapter 48.62 RCW (self-insurance regulation) and Chapter 39.34 RCW (Interlocal Cooperation Act),
nine cities originally formed WCIA on January 1, 1981. WCIA was created for the purpose of providing a pooling
mechanism for jointly purchasing insurance, jointly self-insuring, and/or jointly contracting for risk management
services. WCIA has a total of 125 Members.
New members initially contract for a three-year term, and thereafter automatically renew on an annual basis. A one-
year withdrawal notice is required before membership can be terminated. Termination does not relieve a former
member from its unresolved loss history incurred during membership.
Liability coverage is written on an occurrence basis. The City is one of the large deductible cities with $100,000.
Coverage includes general, police professional, public officials' errors or omissions, stopgap, and general liability.
Limits are $4 mullion per occurrence in the primary layer, $2 million per occurrence, subject to a $20 million annual
aggregate, in the excess layer, and $11 million per occurrence in the second excess layer with no annual aggregate
except $20 million per member for public official errors and omissions. The second excess layer is insured by the
purchase of reinsurance and insurance. Total limits are $14 million per occurrence. The Board of Directors
determines the limits and terms of coverage annually.
Insurance coverage for property, automobile physical damage, fidelity, inland marine, and boiler and machinery are
purchased on a group basis. Various deductibles apply by type of coverage. Property insurance and auto physical
damage are self-funded from the members' deductible for all perils other than flood and earthquake, and insured
above that amount by the purchase of reinsurance. Property insurance has a $5,000 deductible with an additional
liability deductible of $100,000.
In-house services include risk management consultation, loss- control field services, claims and litigation
administration, and loss analyses. WCIA contracts for the claims investigation consultants for personnel issues and •
land use problems, and insurance brokerage.
WCIA is fully funded by its members, who make annual assessments on a prospectively rated basis, as determined
by an outside, independent actuary. The assessment covers loss, loss adjustment, and administrative expenses. As
outlined in the interlocal, WCIA retains the right to additionally assess the membership for any funding shortfall.
An investment committee, using investment brokers, produces additional revenue by investment of WCIA's assets
in financial instruments which comply with all State guidelines. These revenues directly offset portions of the
membership's annual assessment.
A Board of Directors governs WCIA, which is comprised of one designated representative from each member. The
Board elects an Executive Committee and appoints a Treasurer to provide general policy direction for the
organization. The WCIA Executive Director reports to the Executive Committee and is responsible for conducting
the day-to-day operations of the WC1A.
As mentioned previously, the City has a $100,000 deductible for liability and $5,000 deductible for property. All
funds of the City participate in the self-insurance programs and make payments to the self-insurance fund based on
estimates of the amounts needed to pay excess insurance and related risk management and service costs, prior and
current year claims paid in the current year, and to maintain adequate reserves for catastrophic losses in a given
year.
As of December 31, 2008, the City had reserves of $1,045,577 in the Self -Insurance Fund. Reported claims
liabilities are based on the requirements of GASB Statement 10, which requires that a liability for claims be reported
if information prior to the issuance of the financial statements indicates that it is probable that a liability has been
incurred at the date of the financial statements and the amount of the loss can be reasonably estimated.
The City self -insures its workers compensation liability and buys excess insurance to cover possible large liabilities.
•
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• The City's insurance programs for workers' compensation, general liability, and health plan coverage (dental,
medical and vision benefits) are managed by the Human Resources Office. The City also uses professional
consultants from time to time for advice in financial aspects, legal matters, and claims administration. The City has
passed an ordinance for the risk management program.
The following is a summary of the City's coverage:
1) The City is self-insured for workers' compensation and administers the program through a third -
party administrator. The City meets all of the State requirements for funding and reserves and is
periodically audited by the State Department of Labor and Industries for compliance.
2) Employee health benefits are purchased through insured plans; i.e. medical, vision, dental,
prescription drugs, employee assistance program services, life insurance, and long -terra disability
coverage.
3) General liability is insured through a municipal pool, Washington Cities Insurance Authority
(WCIA), with a deductible of $100,000 per incident. The City is protected up to $20 million.
WCIA provides claims adjusting services, assists with setting reserves, pre -defense claim review,
counseling, training, and education. The City purchases property, boiler, machinery, and fidelity
insurance through WCIA. The City's insured property value (including equipment and auto) is
$86,278,000. The City maintains approximately S100,000 for liability claims activity per year
based on historical cost information plus $50,000 for legal services and adequate reserves in the
event of unexpected claims.
Liability coverage includes general, automobile, police professional, public employee errors and
omissions, and other liabilities. Insurance coverage is up to $20 million for general liability. The
WCIA Board of Directors determines the limits and terms of coverage annually.
• 4) There were no reductions in insurance coverage from the prior year. WCIA increased coverage
limits from $15 million to $20 million.
Financial Information
Significant Accounting Policies. The financial statements of the City of Port Angeles have been prepared in
conformity with generally accepted accounting principles ("GAAP") as applied to state and local governmental
units. The Governmental Accounting Standards Board ("GASB") is the accepted standard setting body for
establishing governmental accounting and financial reporting principles. The financial statements have incorporated
all applicable GASB pronouncements as well as Financial Accounting Standards Board ("FASB") Statements and
Interpretations, Accounting Principle's Board .Opinions and Accounting Research Bulletins of the Committee on
accounting procedures issued on or before November 30, 1989, unless those pronouncements conflict with or
contradict GASB pronouncements.
A. Reporting Entity. The City is a general-purpose government and provides police, fire, emergency
medical service, water and electric distribution, wastewater collection and treatment, sanitation,
stormwater, solid waste collection, solid waste transfer station, street maintenance, planning and
zoning, permits and inspection, park and recreation, customer service, and general administrative
services.
B. As required by the generally accepted accounting principles, the financial statements present the
City of Port Angeles as the primary government. There are no component units (either blended or
discretely presented).
C. Government -Wide and Fund Financial Statements. The C4y's basic financial statements include
both government -wide financial statements (reporting the City as a whole) and fund financial
statements (reporting the City's major funds). Both the government -wide and the find financial
• statements categorize activities as either governmental or business -type. Governmental activities,
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which are normally supported by taxes and intergovernmental revenues, are reported separately •
from business -type activities, which rely to a significant extent on fees and charges for support.
D. Fund Financial Statements. The fund financial statements display information at the individual
fund level and are, in substance, very similar to the financial statements presented prior to the
implementation of GASB 34. Each fund is accounted for by a separate set of self -balancing
accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures or expenses as
appropriate. Funds are classified and summarized as governmental, proprietary, and fiduciary.
E. Proprietary Funds. Proprietary funds are accounted for on a flow of economic resources
measurement focus. This means that all assets and all liabilities (whether current or non-current)
associated with their activity are included on their balance sheets. Proprietary fund operating
statements present increases (revenues and gains) and decreases (expenses and losses) in net total
assets. Proprietary fund measurement focus is based upon determination of net income, financial
position, and cash flows. The proprietary funds disclose changes in cash position by a separate
statement that presents their operating, financing and investing cash flow activities. Proprietary
funds distinguish operating revenue and expenses from non-operating items. Operating activities
on the income statement represent user fees, payments to vendors and employees who provide
services. All revenues and expenses not meeting this definition are reported as non-operating
revenues and expenses.
The City applies all applicable FASB pronouncements in accounting and reporting for its proprietary operations
except those inconsistent with GASB pronouncements.
Enterprise Funds. Enterprise funds account for utility operations that are self -supported through user charges. The
utilities are financed and operated like a private business enterprise which requires periodic determination of
revenues earned, expenses incurred, and net income for capital maintenance, public policy, management control,
and accountability.
Water/Wastewater Fund - accounts for revenues and expenses related to providing water and sewer services to City •
residents. All activities necessary to provide such services, including administration, financing, capital
improvements, and related debt service are accounted for in this fund.
Basis of Accounting. The government -wide financial statements, the proprietary funds financial statements, and the
fiduciary funds financial statements are presented on a full accrual basis of accounting with an economic resources
measurement focus. An economic resources measurement focus concentrates on the net assets of an entity or fund.
All transactions and events that affect the total economic resources (net assets) during the period are reported. An
economic resources measurement focus is inextricably connected with full accrual accounting. Under the full
accrual basis of accounting, revenues are recorded when earned and expenses are recorded at the time liabilities are
incurred, regardless of the timing of related cash inflows and outflows.
Revenue from grants, entitlements and donations is recognized in the fiscal year in which all eligibility
requirements, including time requirements, have been satisfied. Resources that are received before the eligibility
requirements are met are considered to be advances from the provider and are recorded as deferred revenue by the
City.
Certain costs in the utility funds are deferred and expensed in future years as the utility rates recover these costs.
Revenues of the utilities are based on service rates authorized by the City Council, and are determined by cyclical
monthly billings to customers. Amounts not earned at year-end are reported as deferred revenues. Earned revenues
that have not been billed are accrued.
•
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• The Budget Process. The City's budget process and procedures are consistent with the process and calendar as set
forth under RCW 35A.33. Prior to October 1, City department heads present estimates of revenues and
expenditures. The Finance Director, working in conjunction with the City Manager, Mayor and City Council,
makes deletions, additions or modifications to the estimates and prepares a preliminary budget that is officially filed
by November 1, when it is made available to the public. The Council is then required to set public hearings and
adopt a final budget no later than December 31. Within thirty days of adoption, the final budget is available to the
public. The Finance Director is authorized to transfer budgeted amounts between departments (within any
fund/object classes within departments); however, any revisions that alter the total expenditures of a fund must be
approved by the City Council.
Auditing of City Finances. The State Auditor is required to examine the affairs of cities at least once every two
years. The examination must include, among other things, the financial conditions and resources of the City,
whether the laws and constitution of the state are being complied with, and the methods and accuracy of the
accounts and reports of the City. Reports of the auditor's examinations are required to be filed in the office of the
State Auditor and in the auditing department of the City_ The City's last audit was for fiscal year 2007. See
APPENDIX C ---"THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED DECEMBER 31, 2008." No significant discrepancies or irregularities were found. The 2008 audit has
been completed and the State Auditor's opinion and is expected to be issued shortly. The City does not anticipate
any significant discrepancies or irregularities as a result of this audit.
INITIATIVE AND REFERENDUM
General. Under the State Constitution, the voters of the State have the ability to initiate legislation and require the
Legislature to refer legislation to the voters through the powers of initiative and referendum, respectively. The initiative
power in Washington may not be used to amend the State Constitution. Initiatives and referenda are submitted to the
voters upon receipt of a petition signed by at least eight percent (initiative) and four percent (referenda) of the number
of voters registered and voting for the office of Governor at the preceding regular gubernatorial election. Any law
• approved in this manner by a majority of the voters may not be amended or repealed by the Legislature within a
period of two years following enactment, except by a vote of two-thirds of all the members elected to each house of
the Legislature. After two years, the law is subject to amendment or repeal by the Legislature in the same manner as
other laws.
Certain Current State Initiatives. Initiative 1033 ("I-1033") has been certified for the November 2009 ballot by the
Secretary of State. If approved by Washington voters, I-1033 would limit the growth of state, county and city
"general fund" revenues received from taxes, fees, and other charges not expressly approved by the voters. In
addition to the regular property tax increase limitation set forth in chapter 84.55 RCW the increase in such general
fund revenue would be limited to the amount of revenue received by the state, county or city, as applicable, in the
previous year, plus an amount based on inflation and population growth. Revenues received above this limit must
be deposited into an account and used to reduce the property tax levy for the subsequent year. If approved by the
voters at the November 2009 election, I-1033 would apply to general fund revenues received in 2010 with the limit
set at the 2009 level, as adjusted for inflation and population growth. If after January 1, 2009 the state or a county
or city shifts any program or function from its general fund to another fund or account, or transfers any general fund
revenue to another fund or account, the limitations set forth in the initiative would apply to the aggregate of the
general fund plus the amount shifted and/or transferred for that year and all subsequent years.
1-1033 is intended to limit the growth of state, county and city general fund revenues, not enterprise funds of the
City such as the Revenue Fund or other utility funds. If approved, however, the City believes that 1-1033 would
have a negative impact on its general fund and its ability to provide services and operations supported by the general
fund. The City cannot predict whether 1-1033 will be approved by the voters, whether the initiative will be
challenged in court, and whether the initiative would withstand challenge.
Other State Initiatives. In recent years there has been an increase in the number of initiatives and referenda filed in
Washington, including state initiatives targeting property taxes imposed by local jurisdictions. The City cannot
predict whether this trend will continue, whether any filed initiatives will receive the requisite signatures to be
certified to the ballot, and whether such initiatives will be approved by the voters and, if challenged, upheld by the
• courts.
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TAX MATTERS •
In the opinion of Bond Counsel, interest on the Bonds is excludable from gross income, for federal income tax
purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on
individuals and corporations; however, interest on the Bonds is taken into account in determining adjusted current
earnings for the purpose of computing the alternative minimum tax imposed on certain corporations.
Federal income tax law contains a number of requirements that apply to the Bonds, including investment
restrictions, periodic payments of arbitrage profits to the United States, requirements regarding the use of proceeds
of the Bonds and the facilities refinanced with proceeds of the Bonds and certain other matters. The City has
covenanted to comply with all applicable requirements.
Bond Counsel's opinion is subject to the condition that the City comply with the above -referenced covenants and, in
addition, will rely on representations by the City and its advisors with respect to matters solely within the
knowledge of the City and its advisors, respectively, which Bond Counsel has not independently verified. If the
City fails to comply with such covenants or if the foregoing representations are determined to be inaccurate or
incomplete, interest on the Bonds could be included in gross income for federal income tax purposes retroactively to
the date of issuance of the Bonds, regardless of the date on which the event causing taxability occurs.
Except as expressly stated above, Bond Counsel expresses no opinion regarding any other federal or state income
tax consequences of acquiring, carrying, owning or disposing of the Bonds. Owners of the Bonds should consult
their tax advisors regarding the applicability of any collateral tax consequences of owning the Bonds, which may
include original issue discount, original issue premium, purchase at a market discount or at a premium, taxation
upon sale, redemption or other disposition, and various withholding requirements.
Prospective purchasers of the Bonds should be aware that ownership of the Bonds may result in collateral federal
income tax consequences to certain taxpayers, including, without limitation, financial institutions, property and
casualty insurance companies, individual recipients of Social Security or Railroad Retirement benefits, certain S
corporations with "excess net passive income," foreign corporations subject to the branch profits tax, life insurance •
companies and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry or
have paid or incurred certain expenses allocable to the Bonds. Bond Counsel expresses no opinion regarding any
collateral tax consequences. Prospective purchasers of the Bonds should consult their tax advisors regarding
collateral federal income tax consequences.
Payments of interest on tax-exempt obligations, such as the Bonds, are in many cases required to be reported to the
Internal Revenue Service (the "IRS's. Additionally, backup withholding may apply to any such payments made to
any owner who is not an "exempt recipient" and who fails to provide certain identifying information. Individuals
generally are not exempt recipients, whereas corporations and certain other entities generally are exempt recipients.
Bond Counsel's opinion is not a guarantee of result and is not binding on the IRS; rather, the opinion represents
Bond Counsel's legal judgment based on its review of existing law and in reliance on the representations made to
Bond Counsel and the City's compliance with its covenants. The IRS has established an ongoing program to audit
tax-exempt obligations to determine whether interest on such obligations is includable in gross income for federal
income tax purposes. Bond Counsel cannot predict whether the IRS will commence an audit of the Bonds. Owners
of the Bonds are advised that, if the IRS does audit the Bonds, under current IRS procedures, at least during the
early stages of an audit, the IRS will treat the City as the taxpayer, and the owners of the Bonds may have limited
rights to participate in the audit. The commencement of an audit could adversely affect the market value and
liquidity of the Bonds until the audit is concluded, regardless of the ultimate outcome.
Qualified Tax -Exempt Obligations
The Bonds are deemed designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3)(B)
of the Code.
•
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LEGAL MATTERS
Opinion of Counsel
Legal matters incident to the authorization, issuance, and sale of the Bonds by the City are subject to the approving
legal opinion of K&L Gates LLP, Seattle, Washington, Bond Counsel. A form of the legal opinion of Bond
Counsel is attached hereto as Appendix B.
Litigation
There is no controversy or litigation pending, or to the best knowledge of the City threatened, affecting the issuance
and delivery of the Bonds, or the power and authority of the City to issue the Bonds.
Enforceability
The provisions of the Bonds and the Bond Ordinance constitute contracts between the City and the owner or owners
of the Bonds, and such provisions are enforceable by the Registered Owner or owners in a court of competent
jurisdiction in the State by mandamus or other appropriate remedy, subject to judicial discretion and the valid
exercise of sovereign police power of the State and may be limited by laws affecting the rights of creditors.
OTHER MATTERS
Continuing Disclosure Undertaking
General. In accordance with Section (b)(5) of Securities and Exchange Commission Rule 15c2-12 under the
Securities Exchange Act of 1934, as the same may be amended from time to time (the "Rule"), the City has agreed
in the Bond Ordinance to provide or cause to be provided to the Municipal Securities Rulemaking Board ("MSRB")
• in accordance with the Rule, the following annual financial information and operating data for the prior fiscal year
(commencing in 2010 for the fiscal year ended December 31, 2009):
(1) . Annual financial statements, which statements may or may not be audited, showing end fund
balances for the Revenue . Fund prepared in accordance with the Budget Accounting and Reporting System
prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of
the type included in the official statement for the Bonds under the headings "Water/Wastewater Fund — Statement
of Revenues, Expenses and other Changes in Fund Equity" and "Water/Wastewater Utility — Historical Coverage
from Operations";
(2) The principal amount of Parity Bonds and debt service coverage for Parity Bonds;
(3) Water and wastewater rates; and
(4) Number of water and wastewater customers of the System.
Items (2) – (4) shall be required only to the extent that such information is not included in the annual
financial statements provided pursuant to (1).
Such annual information. and operating data described above shall be provided on or before the expiration of seven
months after the end of the City's fiscal year. The City's current fiscal year ends on December 31. The City may
adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing
such annual financial information and operating data, the City may cross-refer to other documents available to the
public on the MSRB's Internet website and, if such document is a final official statement within the meaning of the
Rule, available from the MSRB.
If not provided as part of the annual financial information discussed above, the City shall provide the City's audited
annual financial statement prepared in accordance with regulations prescribed by the State Auditor pursuant to
• RCW 43.09.200 (or any successor statutes), when and if available, to the MSRB.
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Material Events. The City agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of the •
occurrence of any of the following events with respect to the Bonds, if such event is material:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults;
(3) Unscheduled draws on debt service reserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
(7) Modifications to rights of Bondholders;
(8) Bond calls;
(9) Defeasances;
(10) Release, substitution or sale of property securing the repayment of the Bonds; and
(11) Rating changes.
Solely for the purposes of disclosure, and not intending to modify this undertaking, the City advises that there is no
property securing repayment of the Bonds.
Notification Upon Failure to Provide Financial Data. The City has agreed in the Bond Ordinance to provide or •
cause to be provided, in a timely manner, to the MSRB notice of its failure to provide the annual financial
information described above in this section under the subheading "General" on or prior to the date set forth above in
such subsection.
EMMA; Format for Filings with the 1L00. Until otherwise designated by the MSRB or the Commission, any
information or notices submitted to the MSRB in compliance with the Rule are to be submitted through the MSRB's
Electronic Municipal Market Access system ("EMIvW }, currently located at www.emma.msrb.org (which is not
incorporated into this Official Statement by reference). All notices, financial information and operating data
required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the
MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying
information as prescribed by the MSRB.
Ter hination/Mod (cation. The City's obligations to provide annual financial information and notices of material
events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. The
continuing disclosure requirement, and any related provision, shall be null and void if the City (1) obtains an
opinion of nationally recognized bond counsel to the effect that those portions of the Rule which require continuing
disclosure, are invalid, have been repealed retroactively or otherwise do not apply to the Bonds and (2) notifies the
MSRB of such opinion and the cancellation of this requirement.
The continuing disclosure requirement may be amended, without the consent of the Bond owners, with an opinion
of nationally recognized bond counsel in accordance with the Rule. In the event of any such amendment, the City
shall describe such amendment in the next annual report, and shall include, a narrative explanation of the reason for
the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation)
of financial information or operating data being presented by the City. In addition, if the amendment relates to the
accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the
same manner as for a material event described above under the subheading "Material Events," and (ii) the annual
report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in
•
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quantitative form) between the financial statements as prepared on the basis of the new accounting principles and
those prepared on the basis of the former accounting principles.
Bond Owners Remedies Related to Continuing Disclosure Undertaking. The right of any Bond owner or
Beneficial Owner of Bonds to enforce provisions of the City's continuing disclosure undertaking is limited to a right
to obtain specific enforcement of the City's obligations related thereto, and any failure by the City to comply with
the provisions of the undertaking will not be an Event of Default with respect to the Bonds under the Bond
Ordinance. For purposes of this section, `Beneficial Owner" means any person who has the power, directly or
indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds, including persons holding
Bonds through nominees or depositories.
Compliance 'With Existing Undertakings. The City is currently in compliance with its various continuing disclosure
undertakings relating to prior bonds subject to the Rule.
Underwriting
The Bonds are.being purchased by Seattle -Northwest Securities Corporation (the "Underwriter") from the City at a
price of `% of par plus accrued interest and will be re -offered at the aggregate price of % of par, subject to
the terms of a purchase contract between the City and the Underwriter (the "Purchase Contract"). The Purchase
Contract provides that the Underwriter shall purchase all of the Bonds if any are purchased and that the obligation to
make such purchase is subject to certain terms and conditions set forth in the Purchase Contract, the approval of
certain legal matters by counsel and certain other conditions. The initial public offering prices set forth on the cover
hereof may be changed from time to time by the Underwriter. The Underwriter may offer and sell the Bonds into
unit investment trusts or money market funds, certain of which may be sponsored or managed by the Underwriter, at
prices lower than the public offering prices stated on the cover hereof.
Rating
• As noted on the cover page of this Official Statement, Moody's Investors Service Inc. ("Moody's") has assigned its
rating of " " to the Bonds. The City applied for the rating, and certain information was supplied by the City to
the rating agency to be considered in its rating of the Bonds. The rating reflects only the views of the rating agency,
and an explanation of the significance of the rating may be obtained from the rating agency. There is no assurance
that the rating will be retained for any given period of time or that the rating will not be revised downward or
withdrawn entirely by the rating. agency if, in its judgment, circumstances so warrant. Any such downward revision
or withdrawal of the rating will be likely to have an adverse effect on the market price of the Bonds.
Official Statement Certificate
At the time of delivery of the Bonds, one or more officials of the City will furnish a certificate stating that to the
best of his or her knowledge, this Official Statement, as of its date and as of the date of delivery of the Bonds, does
not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements
contained herein, in light of the circumstances under which they were made, not misleading.
Statements in this Official Statement, including matters of opinion, whether or not expressly so stated, are intended
as such and not as representation of fact. This Official Statement is not to be construed as a contract or agreement
between the City or the Underwriter and the purchasers of the Bonds. The preparation and distribution of this
Official Statement has been authorized by the City.
CITY OF PORT ANGELES, WASHINGTON
By
City Manager
•
-37- F*- 43
APPENDIX A
DEMOGRAPHIC AND ECONOMIC INFORMATION
F -44
•
•
•
•
APPENDIX A
DEMOGRAPHIC AND ECONOMIC INFORMATION
The tables that follow provide economic and demographic information about the City and the surrounding area.
Major Employers Within the City of Port Angeles
(1) Includes full-time, part-time and seasonal employees.
Source: The .City and contact with individual employers. Els of October 2008.
Population
Historical, current and estimated population data for the'City and Clallam County are the following:
Population
City of
Number of
Name of Employer
Service or Product
Employees (1)
2009
19,260
Olympic Medical Center
Medical services
1,045
Westport Shipyard
Yacht Sales
527
Peninsula College
Education
485
Clallam County
Government
484
Port Angeles School District
Education.
475
City of Port Angeles
Government
265
U.S. Coast Guard
Military
254
Nippon Paper Industries
Recycled paper & pulp
248
Olympic National Park
Government
198
First Federal Savings and Loan
Bank
170
(1) Includes full-time, part-time and seasonal employees.
Source: The .City and contact with individual employers. Els of October 2008.
Population
Historical, current and estimated population data for the'City and Clallam County are the following:
Population
Source. Washington State Office of Financial Management intercensal population estimates.
A-1
F-45
City of
Clailam
Year
Port Angeles
County
2009
19,260
69,500
2008
19,170
69,200
2007
19,010
68,500
2006
18,970
67,800
2005
18,640
66,800
2004
18,530
65,900
Source. Washington State Office of Financial Management intercensal population estimates.
A-1
F-45
Income Data
Year
Clallam County
2007(l)
$2,319,994
2006
2,168,952
2005
2,004,811
2004
1,93 8,725
2003
1,866,436
Comparative Personal Income
($ in Thousands)
Washington State
Non -Metro
Metropolitan
$23,573,966
$242,164,429
21,951,131
223,813,3 86
20,499,868
206,085,377
19,866;866
198,564,860
18, 892,712
184,049,411
(1) Latest available data shown.
Source: U.S. Department of Commerce .bureau of Economic Analysis
United States
Non -Metro
Metropolitan
$1,420,592,625
$10,213,729,375
1,339,037,421
9,639,015,579
1,274,863,653
8,978,109,347
1,225,130,021
8,486,232,979
1,165,477,620
7,984,842,380
Comparative Per Capita Personal Income
•
(1) Preliminary, as of July 2009.
Source: Washington State Employment Security Department
•
A-2
F -46
Washington State
United States
Year Clallam County
Non -Metro Metropolitan
Non -Metro
Metropolitan
2007(1) $32,993
$29,632 $42,831
$28,773
$40,544
2006 31,173
27,847 40,166
27,239
38,679
2005 29,182
26,308 37,639
26,062
36,401
2004 28,761
25,743 36,718
25,124
34,761
2003 28,141
24,825 34,407
23,976
33,050
(1) Latest available data shown.
Source: U.S. Department of Commerce .bureau of Economic Analysis
•
Labor Force Data
Employment Statistics
Clallam County
Annual Averages
2009(1) 2008 2007
2006
2005
Civilian Labor Force
30,800 30,160 29,790
29,670
29,600
Employed
27,680 28,030 28,070
27,940
27,680
Unemployed
3,110 2,130 1,720
1,730
1,920
% Unemployed
10.1% 7.1% 5.8%
5.8%
6.5%
(1) Preliminary, as of July 2009.
Source: Washington State Employment Security Department
•
A-2
F -46
•
.7
•
Nonagricultural Wage and Salary Workers (1)
Clallam County
Annual Averages
1
2009 (2)
2008
2007
Total Nonagricultural Wage & Salary Workers
22,910
23,520
23,950
Natural Resources, Mining & Construction
1,650
1,910
2,170
Manufacturing
1,610
1,440
1,630
Wholesale & Retail Trade
3,690
3,940
4,080
Transportation, Warehousing & Utilities
500
510
510
Information and Financial Activities
1,080
1,130
1,160
Other Services
7,290
7,600
7,610
Government
7,090
6,990
6,800
(1) Totals may not add due to rounding.
(2) Preliminary, as of July 2009.
Source: Washington State Department of Employment Security
Other Data
Year
2009(l)
2008
2007
2006
2005
(1) Through July 2009.
Source: City of Port,4ngeles
City of Port Angeles
Value of New Construction
Residential
Commercial
Permits
Permits
216
104
429
178
596
214
515
162
596
185
A-3 .
Total
Valuation
$ 11,399,559
17,311,981
40,190,831
37,586,799
48,527,021
2006
2005
23,930
23,420
2,320
2,090
1,610
1,500
4,180
4,170
520
520
1,170
1,110
7,550
7,440
6,590
6,600
F-47
City of Port Angeles and Clallam County •
Taxable Retail Sales
Year City of Port Angeles Clallam County
2009(l)
$ 68,104,849
$ 194,915,908
2008
337,822,334
943,914,305
2007
374,263,660
1,063,474,587
2006
360,273,625
1,026,774,879
2005
324,240,481
958,031,755
2004
330,075,690
895,866,233
(1) First quarter 2009.
Source: Washington State Department of Revenue
Assessed Valuation
Year City of Port Angeles Clallam County
2009
$1,994,259,574
$8,587,834,547
2008
1,952,176,500
83196,577,906
2007
1,595,493,428
7,477,997,284
2006
1,281,703,518
6,053,545,616
2005
1,148,440,522
5,125,832,006
Source: Clallam County Assessor's Office
(1) Preliminary, estimated.
Source: Washington State Office of Financial Management
•
A-4 F -48
Clallam County
Number of Housing Units by Structure Type
•
Mobile Homes,
Total
One Unit
Two or More Unit
Trailers,
Housing Units
Structures
Structures
Special Units
2000
2009(l)
2000 2009(l)
2000
2009(l)
2000 2009(l)
City of Port Angeles
8,682
9,173
6,428 6,762
2,005
2,066
249 345
Other Incorporated
3,785
4814
1,985 2,540
978
1,353
822 921
Unincorporated
18,216
21,354
13,352 15,605
517
577
4,347 5,172
County Total
30,683
35,341
21,765 24,907
3,500
3,996
5,418 6,438
(1) Preliminary, estimated.
Source: Washington State Office of Financial Management
•
A-4 F -48
•
APPENDIX B
FORM OF LEGAL OPINION
•
F-49
APPENDIX B •
FORM OF LEGAL OPINION
,2009
City of Port Angeles, Washington
Seattle -Northwest Securities Corporation
Seattle, Washington
Re: City of Port Angeles, Washington, Water and Wastewater Utility Revenue Refunding Bonds,
2009
Ladies and Gentlemen:
We have acted as bond counsel to the City of Port Angeles, Washington (the "City"), and have examined a
certified transcript of all of the proceedings taken in the matter of the issuance by the City of its Water and
Wastewater Utility Revenue Refunding Bonds, 2009, in the aggregate principal amount of S (the "Bonds")
issued pursuant to Ordinance No. of the City (the `Bond Ordinance") for the purpose of refunding certain
outstanding water and wastewater revenue bonds of the City. Capitalized terms used in this opinion have the
meanings given such terms in the Bond Ordinance.
The Bonds are subject to redemption as provided in the Bond Ordinance.
Regarding questions of fact material to our opinion, we have relied on representations of the City in the •
Bond Ordinance and in the certified proceedings and on other certifications of public officials and others furnished
to us without undertaking to verify the same by independent investigation.
Based on the foregoing, we are of the opinion that, under existing law:
1. The Bonds have been legally issued and constitute valid and binding special obligations of the
City, both principal thereof and interest thereon being payable solely out of a special fund of the City known as the
"1994 Water and Wastewater Utility Revenue Bond Fund" (the "Bond Account"), except to the extent that the
enforcement of the rights and remedies of the holders of the Bonds may be limited by laws relating to bankruptcy,
reorganization, insolvency, moratorium or other similar laws of general application affecting the rights of creditors,
by the application of equitable principles and the exercise of judicial discretion.
2. The City has irrevocably bound itself to set aside and pay into the Bond Account and the accounts
therein out of Gross Revenue certain fixed amounts necessary to pay the principal of and interest on the Bonds as
the same become due.
3. By the Bond Ordinance the City has pledged that the payments to be made into the Bond Account
and the accounts therein out of Gross Revenue shall be a lien and charge thereon equal to the lien and charge upon
such Revenues made for the payment of the principal of and interest on the 2003 Bonds and any Future Parity
Bonds, and prior and superior to all other charges of any kind or nature whatsoever, except for the payment of the
Costs of Maintenance and Operations. The City has reserved the right to issue Future Parity Bonds on the terms set
forth in the Bond Ordinance.
4. 1 Interest on the Bonds is excludable from gross income for federal income tax purposes and is not
an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and
corporations; however, interest on the Bonds is taken into account in determining adjusted current earnings for the
purpose of computing the alternative minimum tax imposed on certain corporations. The opinion set forth in the •
preceding sentence is subject to the condition that the City comply with all requirements of the Internal Revenue
B_1 F - 50
• Code of 1986, as amended (the "Code"), that must be satisfied subsequent to the issuance of the Bonds in order that
the interest thereon be, and continue to be, excludable from gross income for federal income tax purposes. The City
has covenanted to comply with all applicable requirements. Failure to comply with certain of such covenants may
cause interest on the Bonds to be included in gross income for federal income tax purposes retroactively to the date
of issuance of the Bonds.
•
is
The Bonds are deemed designated as "qualified tax-exempt obligations" within the meaning of
Section 265(b)(3) of the Code.
Except as expressly stated above, we express no opinion regarding any other federal or state income tax
consequences of acquiring, carrying, owning or disposing of the Bonds. Owners of the Bonds should consult their
tax advisors regarding the applicability of any collateral tax consequences of owning the Bonds, which may include
original issue discount, original issue premium, purchase at a market discount or at a premium, taxation upon sale,
redemption or other disposition, and various withholding requirements.
This opinion is given'as of the date hereof, and we assume no obligation to update, revise or supplement
this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that
may hereafter occur.
Very truly yours,
K&L GATES LLP
B-2
F-51
CITY OF PORT ANGELES, WASHINGTON
WATER AND WASTEWATER UTILITY REVENUE REFUNDING BONDS, 2009
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of water and wastewater utility
revenue refunding bonds of the city in the principal amount of •
$ to refund outstanding water and wastewater utility
revenue bonds; fixing the date, form, terms, maturities and
covenants of such bonds; and authorizing the sale of such bonds.
PASSED ON September 15, 2009
Prepared By:
K&L GATES LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104-1158
F-52
•
0 Table of Contents
Page
Section1.
Definitions............................................................................................................ l
Section 2.
Compliance with Parity Conditions.......................................................................9
Section 3.
Authorization and Description of Bonds.............................................................10
Section 4.
Registration, Exchange and Payments .................................................................11
Section 5.
Redemption; Purchase of Bonds.........................................................................13
Section6.
Form of Bonds...................................................................................................14
Section 7.
Execution of Bonds ............................................................................................18
Section 8.
Refunding Plan; Application of Bond Proceeds; Findings....................................19
Section9.
Revenue Fund....................................................................................................
20
Section 10.
Rate Stabilization Fund......................................................................................
21
Section11.
Bond Account....................................................................................................22
Section 12.
Adequacy of Revenues.......................................................................................
24
Section 13.
Covenants and Agreements................................................................................
24
• Section 14.
Tax Exemption...................................................................................................
26
Section15.
Defeasance.........................................................................................................27
Section 16.
Issuance of Future Parity Bonds.........................................................................
27
Section17.
Sale of Bonds.....................................................................................................
29
Section 18.
Official Statement...............................................................................................30
Section 19.
Undertaking to Provide Ongoing Disclosure.......................................................
30
Section 20.
Supplements and Amendments...........................................................................
33
Section 21.
Lost or Destroyed Bonds...................................................................................
34
Section22.
Severability........................................................................................................
34
Section23.
Effective Date....................................................................................................
35
•
'1' P.N20391 DOT120391_25B F09l05P
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of water and wastewater utility
revenue refunding bonds of the city in the principal amount of
$ to refund outstanding water and wastewater utility
revenue bonds; fixing the date, forth, terms, maturities and
covenants of such bonds; and authorizing the sale of such bonds.
WHEREAS, the City of Port Angeles, Washington (the "City") owns, operates and
maintains a combined water and wastewater utility (the "System"); and
WHEREAS, the City has outstanding its Water and Wastewater Utility Revenue
Refunding Bonds, 1998 (the "1998 Bonds"), in the principal amount of $7,825,000; and
WHEREAS, the City also has outstanding its Water and Wastewater Utility Revenue
Bonds, 2003 (the "2003 Bonds'), in the principal amount of $3,645,000; and
•
WHEREAS, it is in the best interest of the City and ratepayers of the System that certain
outstanding maturities of the 1998 Bonds be refunded by the issuance and sale of water and
wastewater utility revenue refunding bonds (the "Refunding Bonds") to achieve debt service •
savings; and
WHEREAS, Ordinance Nos. 3000 and 3148 permit the City to issue additional water and
wastewater utility revenue bonds on a parity with the 1998 Bonds and the 2003 Bonds for
refunding purposes if certain conditions are met; and
WHEREAS, after due consideration it appears to the Council that those parity conditions
can be met and that the City may issue the Bonds on a parity with the 1998 Bonds and the 2003
Bonds for refunding purposes; and
WHEREAS, the City has received the offer of Seattle -Northwest Securities Corporation,
Seattle, Washington (the "Underwriter"), to purchase the Bonds, and it appears to the Council
that it is in the best interests of the City and ratepayers of the System that the City accept that
offer and sell the Bonds to the Underwriter on the terms set forth therein and herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Definitions. As used in this ordinance the following words have the
following meanings:
"Annual Debt Service," for so long as any 1998 Bonds or 2003 Bonds remain outstanding,
for any Fiscal Year or calendar year means the sum of:
•
F-54
• (a) the interest due in such year on all outstanding Parity Bonds excluding, however,
interest to be paid from the proceeds of Parity Bonds,
(b) the principal of all outstanding Serial Bonds due in such year, and
(c) the Sinking Fund Requirement, if any, for such year.
If the interest rate on any such bonds is other than a fixed rate, the rate applicable at the
tune of the computation shall be used.
From and after the date when no 1998 Bonds or 2003 Bonds remain outstanding, "Annual
Debt Service," for any Fiscal Year or calendar year means the sum of.
(a) the interest due in such year on all outstanding Parity Bonds excluding, however,
interest to be paid from the proceeds of Parity Bonds,
(b) the principal of all outstanding Serial Bonds due in such year, and
(c) the Sinking Fund Requirement, if any, for such year.
For purposes of satisfying the rate covenant in Section 13(a) and the Future Parity Bond
test in Section 16(a), Annual Debt Service for any Fiscal Year or calendar year shall exclude any
Debt Service Offsets. If the interest rate on any such bonds is other than a fixed rate, the rate
• applicable at the time of the computation shall be used.
"Assessments" means assessments (including interest and penalties) levied in any utility
local improvement district of the City for the acquisition or construction of additions and
improvements to and extension of the System, if such assessments are pledged to be paid into the
Bond Account.
"Average Annual Debt Service" means the amount determined by dividing (a) the sum of
all interest and principal to be paid on all Parity Bonds from the date of determination to the last
maturity date of such Parity Bonds, by (b) the number of Fiscal Years or calendar years from and
including the Fiscal Year or calendar year in which the determination is made to the last Fiscal
Year or calendar year in which any of such Parity Bonds will be outstanding.
"Bond Account" means the 1994 Water and Wastewater Utility Revenue Bond Fund
created by Section IS of Ordinance No. 2843 and continued pursuant to Section 11 of this
ordinance.
"Bond Register" means the books or records maintained by the Bond Registrar for the
purpose of registration of the Bonds.
[Bond Insurance Policy" means the municipal bond insurance policy issued by the Insurer
insuring the payment when due of the principal of and interest on the Bonds as provided therein.]
-2- P:120391_DOW0391 25B F 0910tw
"Bond
•
Registrar" means the fiscal agency of the State of Washington in New York, New
York whose duties include registering and authenticating the Bonds, maintaining the Bond
Register, effecting transfer of ownership of the Bonds, and paying the principal of, premium, if
any, and interest on the Bonds.
"Bonds" mean the City's Water and Wastewater Utility Revenue Refunding Bonds, 2009,
issued in the aggregate principal amount of $ pursuant to this ordinance.
"City" means the City of Port Angeles, a municipal corporation duly organized and
existing under the laws of the State of Washington.
"Code" means the federal Internal Revenue Code of 1986, as amended, and applicable
regulations thereunder.
"Commission" means the United States Securities and Exchange Commission.
"Costs of Maintenance and Operation" means all necessary operating expenses, current
maintenance expenses, expenses of reasonable upkeep and repairs, and insurance and
administrative expenses of the System, but excludes depreciation, payments for debt service or
into reserve accounts and costs of capital additions to or replacements of the System, taxation by
the City or payments in lieu of taxes.
"Council" means the general legislative authority of the City as the same is duly and
from time to time.
•
regularly constituted
"Debt Service Account" means the account of that name created in the Bond Account by
Section 15 of Ordinance No. 2843 and continued pursuant to Section 11 of this ordinance.
"Debt Service Offset" means receipts of the City that are not included in Gross Revenue
and that are legally available to pay debt service on Parity Bonds, including without limitation
federal interest subsidy payments, designated as such by the City.
"DTC" means The Depository Trust Company, New York, New York, a limited purpose
trust company organized under the laws of the State of New York, as initial depository for the
Bonds or any successor substitute depository for the Bonds.
"Finance Director" means the duly appointed and acting Finance Director of the City or
the successor to the duties of such office.
"Fiscal Year" means the fiscal year used by the City at any time. At the time of the
passage of this ordinance, the Fiscal Year is the twelve-month period beginning January 1 of each
year and ending December 31 of each year.
"Future Parity Bonds" mean any revenue bonds, revenue warrants or other revenue
obligations that may be issued in the future with a lien on money in the Revenue Fund to pay and
secure the payment of the principal thereof and interest thereon equal to the lien created on the
•
-3- P:V039100M0391_25B F09fo5P
• money in such Fund to pay and secure the payment of the principal of and interest on the 1998
Bonds, the 2003 Bonds and the Bonds.
"Gross Revenue" means all earnings, revenue and money, except Assessments, received
by the City from or on account of the operation of the System, including proceeds from the sale,
lease or other disposition of any of the properties or facilities of the System, and the income from
investments of money in the Revenue Fund and any bond fund or from any other investment
thereof except the income from investments irrevocably pledged to the payment of revenue bonds
pursuant to a plan of retirement or refunding. The term "Gross Revenue" does not include grants
or bond proceeds, but does include federal or state reimbursements of operating expenses to the
extent such expenses are included as "Costs of Maintenance and Operation."
["Insurer" means , or any successor thereto or
assignee thereof, as issuer of a Bond Insurance Policy for the Bonds.]
"Letter of Representations" means the Blanket Issuer Letter of Representations from the
City to DTC.
"MBIA" means the MBIA Insurance Corporation, a stock insurance company
incorporated under the laws of the State of New York, or any successor thereto, as provider of a
policy of municipal bond insurance for the 2003 Bonds (which policy is currently administered
and reinsured by National Public Finance Guarantee Corporation).
"Moody's" means Moody's Investors Service, a corporation duly organized and existing
under and by virtue of the laws of the State of Delaware, or its successor.
"MSRB" means the Municipal Securities Rulemaking Board or any successor to its
functions.
'Net Revenue" means the Gross Revenue less the Costs of Maintenance and Operation.
"Varity Bonds" means the 1998 Bonds, the 2003 Bonds, the Bonds and any Future Parity
Bonds.
"Permitted Investments" means:
(i) from and after such time as no 1998 Bonds or 2003 Bonds remain outstanding,
any investments of City funds permitted under the laws of the State of Washington as amended
from time to time; or
(ii) so long as any of the 1998 Bonds or 2003 Bonds remain outstanding, any of the
following investments, if permitted under the laws of the State of Washington as amended from
time to time:
A. Direct obligations of the United States of America (including obligations issued or
held in book -entry form on the books of the Department of the Treasury, and CATS and TGRS)
-4- R120391_DOM0391_258 F09(09J09
or obligations the principal of and interest on which are unconditionally guaranteed by the United •
States of America.
B. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed
by any of the following federal agencies and provided such obligations are backed by the full faith
and credit of the United States of America (stripped securities are only permitted if they have been
stripped by the agency itself):
1. U.S. Export -Import Bank: direct obligations or fully guaranteed
certificates of beneficial ownership;
2. Farmers Home Administration: certificates of beneficial ownership;
3. Federal Financing Bank;
4. Federal Housing Administration Debentures;
5. General Services Administration: participation certificates;
6. Government National Mortgage Association (GNMA):
GNMA-guaranteed mortgage-backed bonds and GNMA-guaranteed pass-through obligations;
7. U.S. Maritime Administration: guaranteed Title XI financing; and
S. U.S. Department of Housing and Urban Development: project notes; local
authority bonds; U.S. government -guaranteed new communities debentures; U.S.
government -guaranteed public housing notes and bonds.
C. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed
by any of the following non -full faith and credit U.S. government agencies (stripped securities are
only pennitted if they have been stripped by the agency itselfl:
1. Federal Horne Loan Bank System: senior debt obligations;
2. Federal Home Loan Mortgage Corporation: participation certificates and
senior debt obligations;
3. Federal National Mortgage Association: mortgage-backed securities and
senior debt obligations;
4. Student Loan Marketing Association: senior debt obligations;
5. Resolution Funding Corp. (REFCORP) obligations; and
6. Farm Credit Systems: consolidated systemwide bonds and notes.
•
-5- P:120391 0=0391 25B F0910A9'
D. Money market funds registered under the Federal Investment Company Act of
1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating
by S&P of AAAni G, AAAm or AAm.
E. Certificates of deposit secured at all times by collateral described in (A) and/or (B)
above. Such certificates must be issued by commercial banks, savings and loan associations or
mutual savings banks. The collateral must be held by a third party and the bondholders must have
a perfected first security interest in the collateral.
F. Certificates of deposit, savings accounts, deposit accounts or money market
deposits that are fully insured by FDIC, including BIF and SAIF.
G. Investment Agreements, including GIC's, acceptable to MBIA.
H. Commercial paper rated, at the time of purchaser, "Prime -1" by Moody's and
"A-1" or better by S&P.
I. Bonds or notes issued by any state or municipality rated by Moody's and S&P in
one of the two highest rating categories assigned by such agencies.
J. Federal funds or bankers acceptances with a maximum term of one year of any
bank that has an unsecured, uninsured and unguaranteed obligation rating of "Prime -1" or "A3"
• or better by Moody's and "A" or better by S&P.
K. Repurchase agreements providing for the transfer of securities from a dealer bank
or securities firm (seller/borrower) to a municipal entity (buyer/lender), and the transfer of cash
from a municipal entity to the dealer bank or securities firm with an agreement that the dealer
bank or securities firm will repay the cash.plus a yield to the municipal entity in exchange for the
securities at a specified date. Repurchase Agreements must satisfy the following criteria or be
approved by MBIA:
1. Repos must be between the municipal entity and a dealer bank or securities
firm.
a. Primary dealers on the Federal Reserve reporting dealer list that are
rated A or better by S&P and Moody's, or
b. Banks rated "A" or above by S&P and Moody's.
2. The written repo contract must include the following:
a. Securities that are acceptable for transfer are:
(1) Direct U.S. governments, or
(2) Federal agencies backed by the full faith and credit of the
• U.S. government (and FNMA & FHLMC).
-6- RU0391WR20391_256 F09l0M
b. ' The term of the repo may be up to 30 days.
C. The collateral must be delivered to the municipal entity, trustee (if
trustee is not supplying the collateral) or third party acting as agent for the trustee (if the trustee is
supplying the collateral) before or simultaneously with payment (perfection by possession of
certificated securities).
d. The securities insist be valued weekly, marked -to -market at current
market price plus accrued interest. The value of collateral must be equal to 104% of the amount
of cash transferred by the municipal entity to the dealer bank or securities firm under the repo plus
accrued interest. If the value of securities held as collateral slips below 104% of the value of the
cash transferred by municipality, then additional cash and/or acceptable securities must be
transferred. If, however, the securities used as collateral are FNMA or FHLMC, then the value of
collateral must equal 105%.
3. A legal opinion must be delivered to the municipal entity to the effect that
the repo meets guidelines under state law for legal investment of public funds.
L. Any Washington State -administered investment pool in which the City is
statutorily permitted or required to invest City fiends.
"Professional Utility Consultant" means the independent person(s) or firm(s) selected by
the City having a favorable reputation for skill and experience with water and wastewater systems
of comparable size and character to the System in such areas as are relevant to the purposes for • .
which they are retained.
"Qualified Insurance" means (i) so long as any 1998 Bonds or 2003 Bonds remain
outstanding, any unconditional municipal bond insurance policy or surety bond issued by any
insurance company licensed to conduct an insurance business in any state of the United States or
by a service corporation acting on behalf of one or more such. insurance companies, which
insurance company or service corporation is rated in one of the two highest rating categories by
Moody's Investors Service, Inc. or any other rating agency then maintaining a rating on the
Bonds, provided, that, as of the time of issuance of such policy or surety bond, such insurance
company or companies maintain a policy owner's surplus in excess of $500,000,000; and (ii) fiom
and after such time as no 1998 Bonds or 2003 Bonds remain outstanding, any unconditional
municipal bond insurance policy or surety bond issued by any insurance company licensed to
conduct an insurance business in any state of the United States or by a service corporation acting
on behalf of one or more such insurance companies, which insurance company or service
corporation, as of the time of issuance of such policy or surety bond, are then rated in one of the
two highest rating categories by Moody's Investors Service, Inc. or any other rating agency then
maintaining a rating on the Bonds.
"Qualified Letter of Credit" means any irrevocable letter of credit issued by a bank for the
account of the City and for the benefit of the owners of Parity Bonds, provided that such bank
maintains an office, agency or branch in the United States, and provided further, that, as of the
time of issuance of such letter of credit, such bank is currently rated in one of the two highest .
-7- PA20391_DOMO399 258 F0FiO§P
• rating categories by either Moody's Investors Service, Inc. or any other rating agency then
maintaining a rating on the Bonds.
"Rate Stabilization Fund" means the fund of that name created pursuant to Section 13 of
Ordinance No. 2843 and continued pursuant to Section 10 of this ordinance.
"Rebate Amount" means the amount, if any, determined to be payable with respect to the
Bonds by the City to the United States of America in accordance with Section 148(fl of the Code.
"Refunded Bonds" mean the 1998 Bonds maturing on and after November 1, 2010.
"Registered Owner" means the person in whose name a Bond is registered on the Bond
Register. For so long as the City utilizes the book -entry system for the bonds, DTC will be
deemed to be the sole Registered Owner.
"Reserve Account" means the account of that name in the Bond Account created pursuant
to Ordinance No. 2843 and continued pursuant to Section 11 of this ordinance.
"Reserve Account Requirement" means, with respect to the Bonds or Future Parity
Bonds, an amount equal to the least of (a) 125% of Average Annual Debt Service on such bonds,
(b) 10% of the stated principal amount of such bonds, or (c) maximum Annual Debt Service on
such bonds.
• "Revenue Fund" means the special fund of the City known as the "City of Port Angeles
Water and Wastewater Utility Revenue Fund" created in the office of the Finance Director
pursuant to Section 2 of Ordinance No. 2843 and continued pursuant to Section 9 of this
ordinance.
"Rule" means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
"S&P" means Standard & Poor's Ratings Services, a Standard & Poor's Financial
Services LLC business, a New York corporation, or its successor.
"Serial Bonds" means Parity Bonds other than Term Bonds.
"Sinking Fund Requirement" means, for any Fiscal Year or calendar year, the principal
amount of Term Bonds required to be purchased, redeemed or paid at maturity in such year as
established by the ordinance of the City authorizing the issuance of such Term Bonds.
"State Loans" means Public Works Trust Fund loans, Drinking Water Revolving Fund
loans, and similar loans to the City for purposes related to the System that are administered by the
Public Works Board, Department of Commerce, or other successor or similar state agencies, and
are secured by a pledge of Gross Revenue.
"System" means the combined water supply and distribution and sanitary sewage
is
collection and wastewater treatment system of the City as the same now exists and as it may
-8- PA20391 D0112039i M F09109109'
hereafter be added to, unproved and extended for as long as any of the Bonds are outstanding. •
The "System" will also include the storin water utility of the City if the Council determines by
ordinance to combine it with the System.
"Tax Certificate" means the certificate with respect to federal tax matters relating to the
Bonds authorized to be executed by the Finance Director pursuant to the provisions of Section 14
of this ordnance
"Perm Bonds" means [the Bonds identified as such in Section 5 of this ordinance and ]any
Parity Bonds identified as Tenn Bonds in the ordinance authorizing the issuance thereof, the
payment of the principal of which is provided for by a mandatory schedule of deposits of money
equal (in the aggregate) to the full principal amount of such Tenn Bonds, into the Bond Account,
and by a mandatory redemption schedule corresponding (as to time and amounts) to such
mandatory schedule of deposits.
"1998 Bonds" means the City's Water and Wastewater Utility Revenue Refunding Bonds,
1998, issued under date of November 1, 1998, pursuant to Ordinance No. 3000 of the City and
Resolution No. 23-98 of the Council, and currently outstanding in the principal amount of
$7,825,000.
"2003 Bonds" means the City's Water and Wastewater Utility Revenue Refunding Bonds,
2003, issued under date of November 18, 2003, pursuant to Ordinance No. 3148 of the City and
currently outstanding in the principal amount of $3,645,000. •
Section 2. Compliance with Parity Conditions. The Council hereby finds and
determines, as required by Ordinance Nos. 3000 and 3148, as follows:
First, that the Bonds are being issued for the purpose of refunding outstanding revenue
bonds payable out of Gross Revenue;
Second, that at the time of the adoption of this ordinance and at the time of the issuance of
the Bonds there is not nor will there be any deficiency in the Bond Account or the Reserve
Account;
Third, this ordinance provides that (i) the principal of and interest on the Bonds are
payable out of the Bond Account, (ii) payments will be made into the Bond Account to satisfy the
Sinking Fund Requirements on the Term Bonds, and (iii) money in the Reserve Account allocable
to the 1998 Bonds will be used, together with proceeds of the Bonds or other funds of the City
legally available therefor and deposited into the Reserve Account, to satisfy the Reserve Account
Requirement for the Bonds, all as required by Ordinance Nos. 3000 and 3148; and
Fourth, prior to the issuance of the Bonds, the City will have on file a Certificate of the
Finance Director that issuance of the Bonds will result in a debt service savings and will not
require an increase of more than $5,000 in any fiscal or calendar year for principal of and interest
on such Bonds over and above the amount required in such year for the principal of and interest
on the Refunded Bonds.
is
-9- P: M31 DOW0391_258 F091091
•
•
The parity conditions contained in Ordinance Nos. 3000 and 3148 having been complied
with or assured, the payments required in this ordinance to be made out of the Revenue Fund into
the Bond Account and Reserve Account to pay and secure the payment of the principal of and
interest on the Bonds shall constitute alien and charge upon the money in such Revenue Fund
equal in rank with the lien and charge thereon for the payments required to be made into the Bond
Account to pay and secure the payment of the principal of and interest on the 1998 Bonds and the
2003 Bonds.
Section 3. _Authorization and Description of Bonds. To refund the Refunded
Bonds and pay costs of issuing the Bonds, the City will issue its water and wastewater utility
revenue refunding bonds in the aggregate principal amount of $ (the `Bonds").
The Bonds will be designated as the "City of Port Angeles, Washington, Water and Wastewater
Utility Revenue Refunding Bonds, 2009," will be dated as of the date of delivery of the Bonds to
the Underwriter, will be in the denomination of $5,000 each, or integral multiples thereof,
provided that no Bond may represent more than one maturity, will be fully registered as to
principal and interest, will be numbered separately in such manner and with any additional
identification as the Bond Registrar deems necessary for identification, and will bear interest from
their date (calculated on the basis of a year of 360 days and twelve 30 -day months) payable on
November 1, 2009, and semiannually thereafter on the first days of May and November of each
year at the following per annum interest rates and shall mature on November 1 of the following
years in the following principal amounts:
Maturity Year
(November 1)
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
* Term Bonds
Principal Interest
Amount Rate
Principal of and interest on the Bonds are payable solely from the Bond Account. The
Bonds are not general obligations of the City or of the State of Washington or any political
subdivision thereof.
-10- PA2039s_00-R2o391 2se Fag/0aP
Section 4. Registration, Exchange and Payments.
(a) Bond Registrar/Bond Register. The City hereby adopts the system of
registration approved by the Washington State Finance Committee, which utilizes the fiscal
agencies of the State of Washington in New York, New York, as registrar, authenticating agent,
paying agent and transfer agent (collectively, the "Bond Registrar"). The Bond Registrar shall
keep, or cause to be kept, at its principal corporate trust office, sufficient records for the
registration and transfer of the Bonds, which shall be open to inspection by the City. The Bond
Registrar is authorized, on behalf of the City, to authenticate and deliver the Bonds transferred or
exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all
of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be
responsible for its representations contained in the Certificate of Authentication on the Bonds.
(b) Registered Ownership. The City and the Bond Registrar may deem and
treat the Registered Owner of each Bond as the absolute owner for all purposes, and neither the
City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such
Bond shall be made only as described in Section 4(g) hereof, but such registration may be
transferred as herein provided. All such payments made as described in Section 4(g) shall be valid
and shall satisfy the liability of the City upon such Bond to the extent of the amount or amounts
so paid.
•
(c) DTC Acceptance/Letter of Representations. The Bonds will be held
initially in fully immobilized form by DTC acting as depository. To induce DTC to accept the •
Bonds as eligible for deposit at DTC, the City has heretofore executed and delivered to DTC a
Blanket issuer Letter of Representations.
Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC
participants or the persons for whom they act as nominees with respect to the Bonds in respect of
the accuracy of any records maintained by DTC or any DTC participant, the payment by DTC or
any DTC participant of any amount in respect of the principal of or interest on the Bonds, any
notice which is permitted or required to be given to Registered Owners under this ordinance
(except such notices as shall be required to be given by the City to the Bond Registrar or to
DTC), or any consent given or other action taken by DTC as the Registered Owner. For so long
as any Bonds are held in fully immobilized form hereunder, DTC or its successor depository shall
be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the
Registered Owners shall mean DTC or its nominee and shall not mean the owners of any
beneficial interest in the Bonds.
(d) Use of Depository.
(1) The Bonds shall be registered initially in the name of "Cede & Co.,"
as nominee of DTC, with a single Bond for each maturity in a denomination equal to the total
principal amount of that maturity. Registered ownership of such immobilized Bonds, or any
portions thereof, may not thereafter be transferred except (i) to any successor of DTC or its
nominee, provided that any such successor shall be qualified under any applicable laws to provide
the service proposed to be provided by it; (ii) to any substitute depository appointed by the City. •
11^ PA20391_D01120391_258 F00§9'
• pursuant to subsection (2) below or such substitute depository's successor; or (iii) to any person
as provided in subsection (4) below.
(2) Upon the resignation of DTC or its successor (or any substitute
depository or its successor) from its functions as depository or a determination by the City to
discontinue the system of book entry transfers through DTC or its successor (or any substitute
depository or its successor), the Council may hereafter appoint a substitute depository. Any such
substitute depository shall be qualified under any applicable laws to provided the services
proposed to be provided by it.
(3) In the case of any transfer pursuant to clause (i) or (ii) of subsection
(1) above,"the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written
request on behalf of the City, issue a single new Bond for each maturity of such. Bonds then
outstanding, registered in the name of such successor or such substitute depository, or their
nominees, as the case may be, all as specified in such written request of the City.
(4) In the event that (i) DTC or its successor (or substitute depository
or its successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (ii) the Council determines that it is in the best interest of the beneficial owners of any
of the Bonds that they be able to obtain such Bonds in the form of bond certificates, the
ownership of Bonds may then be transferred to any person or entity as herein provided, and the
Bonds shall no longer be held in fully immobilized form. The City shall deliver a written request
to the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein
provided in any authorized denomination. Upon receipt of all then outstanding Bonds by the
Bond Registrar together with a written request on behalf of the City to the Bond Registrar, new
Bonds shall be issued in such denominations and registered in the names of such persons as are
requested in such written request.
(e) Transfer or Exchange of Registered Ownership; Change in
Denominations. The registered ownership of any Bond may be transferred or exchanged, but no
transfer of any Bond shall be valid unless it is surrendered to the Bond Registrar with the
assignment form appearing on such Bond duly executed by the Registered Owner or such
Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon
such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and
deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at
the option of the new Registered Owner) of the same date, maturity and interest rate and for the
same aggregate principal amount it any authorized denomination, naming as Registered Owner
the person or persons listed as the assignee on the assignment form appearing on the surrendered
Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to
the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of
Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond
Registrar shall not be obligated to transfer or exchange any Bond during a period beginning at the
opening of business on the 15th day of the month next preceding any interest payment date and
ending at the close of business on such interest payinent date, or, in the case of any proposed
redemption of the bonds, after the mailing of notice of the call of such bonds for redemption.
•
12- P:120391_E)0TN 0391_25B F09100
(f) Registration Covenant. The City covenants that, until all Bonds have been •
surrendered and canceled, it will maintain a system for recording the ownership of each Bond that
complies with the provisions of Section 149 of the Code.
(g) Place and Medium of Payment. Both principal of and interest on the
Bonds shall be payable in lawful money of the United States of America. For so long as all Bonds
are in fully inunobilized form, payments of principal and interest thereon shall be made as
provided in the operational arrangements of DTC referred to in the Letter of Representations. In
the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be
paid by check or draft mailed to the Registered Owners at the addresses for such Registered
Owners appearing on the Bond Register on the 15th day of the month preceding the interest
payment date, and principal of the Bonds shall be payable upon presentation and surrender of such
Bonds by the Registered Owners at the principal office of the Bond Registrar.
(h) Bond Registrar's Ownership of Bonds. The Bond Registrar may become
the Registered Owner of any Bond with the same rights it would have if it were not the Bond
Registrar, and to the extent permitted by law, may act as depository for and permit any of its
officers or directors to act as member of, or in any other capacity with respect to, any committee
formed to protect the right of the Registered Owners of Bonds.
Section 5. Redemption; Purchase of Bonds.
(a) Optional Redemption. The Bonds maturing on or after November 1, 2020
are subject to redemption prior to maturity, at the option of the City, on or after November 1,
2019, in whole or in part on any date (and if in part with maturities to be selected by the City), at
a price of par, plus interest accrued thereon to the date fixed for redemption.
(b) Partial Redemption. If less than all of the principal amount of any Bond is
redeemed, upon surrender of such Bond at the principal office of the Bond Registrar, there will be
issued to the registered owner, without charge, for the then unredeemed balance of the principal
amount, a new.Bond or Bonds, at the option of the registered owner, of like maturity and interest
rate in any authorized denomination.
(c) Notice of Redemption. Written notice of any redemption of Bonds will be
given by the Bond Registrar on behalf of the City by first class mail, postage prepaid, no fewer
than 30 days nor more than 60 days before the redemption date to the registered owners of Bonds
that are to be redeemed at their last addresses shown on the Bond Register. So long as the Bonds
are in book -entry form, notice of redemption will be given as provided in the Letter of
Representations. The Bond Registrar will provide additional notice of redemption (at least
30 days) to the MSRB, in accordance with Section 19.
The requirements of this section shall be deemed complied with when notice is mailed,
whether or not it is actually received by the owner.
Each notice of redemption will contain the following information: (1) the redemption
date, (2) the redemption price, (3) any condition to the redemption (including, but not limited, to •
-13- P:120391_D0'n20391_258 F09f0§P
• the receipt of proceeds of refunding bonds), (4) if less than all outstanding Bonds are to be
redeemed, the identification (and, in the case of partial redemption, the principal amounts) of the
Bonds to be redeemed, (5) that on the redemption date, upon the satisfaction of any conditions,
the redemption price will become due and payable upon each Bond or portion called for
redemption, and that interest shall cease to accrue from the redemption date, (6) that the Bonds
are to be surrendered for payment at the principal office of the Bond Registrar, (7) the CUSIP
numbers of all Bonds being redeemed, (8) the dated date of the Bonds, (9) the rate of interest for
each Bond being redeemed, (10) the date of the notice, and (11) any other information needed to
identify the Bonds being redeemed.
Upon the payment of the redemption price of Bonds being redeemed, each check or other
transfer of funds issued for such purpose will bear the CUSIP number identifying, by issue and
maturity, the Bonds being redeemed with the proceeds of such check or other transfer.
(d) Effect of Redemption. Unless a condition to the redemption has not been
satisfied, the City will transfer to the Bond Registrar amounts that, in addition to other money, if
any, held by the Bond Registrar, will be sufficient to redeem, on the redemption date, all the
Bonds to be redeemed. From the redemption date interest on each Bond to be redeemed shall
cease to accrue.
(e) Amendment of Notice Provisions. The foregoing notice provisions of this
section, including but not limited to the information to be included in redemption notices and the
• persons designated to receive notices, may be amended by additions, deletions and changes to
maintain compliance with duly promulgated regulations and recommendations regarding notices
of redemption of municipal securities.
•
(i) Purchase of Bonds in Open Market. The City also reserves the right to
purchase any of the Bonds in the open market at any time at prices deemed reasonable by the
City.
Section 6. Form of Bonds. The Bonds shall be in substantially the following form:
-14- PA20394_pO1120391_25B F09J09109
ffej
UNITED STATES OF AMERICA •
STATE OF WASHINGTON
CITY OF PORT ANGELES
WATER AND WASTEWATER UTILITY REVENUE REFUNDING BOND, 2009
INTEREST RATE: CUSIP NO:
MATURITY DATE:
REGISTERED OWNER:
PRINCIPAL AMOUNT:
Dollars
The City of Port Angeles, Washington (the "City"), a municipal corporation of the State
of Washington, for value received hereby promises to pay to the Registered Owner identified
above on the Maturity Date identified above the Principal Amount identified above and to pay
interest thereon from the date hereof, or the most recent date to which interest has been paid or
duly provided for at the Interest Rate set forth above, such interest to be payable semiannually on
the first days of May and November of each year (commencing November 1, 2009) until the •
maturity of this bond (or if default should be made in the payment of the principal hereof when the
same shall become due and payable, at the same rate of interest until the payment in full of such
principal sum).
The principal of and interest on this bond are payable solely out of the special fund of the
City known as the "1994 Water and Wastewater Utility Revenue Bond Fund" (`Bond Account").
Both principal of and interest on this bond are payable in lawful money of the United States of
America. For so long as the bonds of this issue are in fully irm-nobilized form, payments of
principal and interest thereon shall be made as provided in accordance with the operational
arrangements of DTC referred to in the Blanket Issuer Letter of Representations from the City to
The Depository Trust Company. In the event that the bonds of this issue are no longer in fully
immobilized form, interest on this bond shall be paid by check or draft mailed to the Registered
Owner at the address appearing on the Bond Register on the fifteenth day of the month preceding
the interest payment date, and principal of this bond shall be payable upon presentation and
surrender of this bond by the Registered Owner at the principal office at the principal office of the
fiscal agency of the State of Washington in either Seattle, Washington, or New York, New York
(collectively the "Bond Registrar").
This bond is one of a series of bonds in the aggregate principal amount of
$ , issued under authority of Ordinance No. passed by the City Council on
2009 (the `Bond Ordinance"), to refund water and wastewater utility revenue
bonds of the City.
•
-15- PA20391 DOT20391 258 F09/00
• The City hereby covenants and agrees with the owner of this bond that it will keep and
perform all the covenants of this bond and of the Bond Ordinance. Reference is hereby made to
the Bond Ordinance for the definitions of capitalized terms used herein.
The City does hereby pledge and bind itself to set aside from Gross Revenue and to pay
into the Bond Account and the accounts created therein the various amounts required by the
Bond Ordinance to be paid into and maintained in such fund and accounts, all within the times
provided by the Bond Ordinance.
To the extent more particularly provided by the Bond Ordinance, the amounts so pledged
to be paid from Gross Revenue into the Bond Account and accounts therein shall be a lien and
charge thereon equal in rank to the lien and charge upon said Revenue of the amounts required to
pay and secure the payment of the 1998 Bonds, the 2003 Bonds, and any revenue bonds of the
City hereafter issued on a parity with the 1998 Bonds, the 2003 Bonds and the bonds of this issue,
and superior to all other liens and charges of any kind or nature, except the Costs of Maintenance
and Operation of the System.
The City has further bound itself to maintain the System in good repair, working order and
condition, to operate the same in an efficient manner and at a reasonable cost, and to establish,
maintain and collect rates and charges in each calendar year that will make available, for the
payment of the principal of and interest on Parity Bonds outstanding as the same shall become
due, Net Revenue in an amount that will be equal to at least 1.25 times Annual Debt Service for
• such year (after deducting Assessments actually collected for such year), as further provided in
the Bond Ordinance.
The pledge of Gross Revenue and other obligations of the City under the Bond Ordinance
may be discharged at or prior to the maturity or redemption of the bonds of this issue upon the
making of provision for the payment thereof on the terms and conditions set forth in the Bond
Ordinance.
Reference is made to the Bond Ordinance for a description of the Bond Account and the
covenants and declarations of the City and other terms and conditions upon which the bonds
authorized thereby have been issued and other bonds ranking on a parity therewith may hereafter
be issued and outstanding.
This bond is a special limited obligation of the City and is not an obligation of the State of
Washington or any political subdivision thereof other than the City, and neither the full faith and
credit nor the taxing power of the City or the State of Washington is pledged to the payment of
this bond.
The bonds of this issue are subject to redemption prior to maturity as provided in the
Bond Ordinance.
The bonds of this issue are interchangeable for bonds of any authorized denomination of
equal aggregate principal amount and of the same interest rate and maturity upon presentation and
• surrender to the Bond Registrar.
-16- P:120391_DOi120391 25B F 09/091,
The Bond Registrar shall not be required to issue, register, transfer or exchange any of the •
bonds during a period beginning at the opening of business on the 15th day of the month next
preceding any interest payment date and ending at the close of business on such interest payment
date.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance (as hereinafter defined) until the Certificate of
Authentication hereon shall have been manually signed by the Bond Registrar.
It is hereby certified, recited and declared that all acts, conditions and things required by
the Constitution and statutes of the State of Washington to exist, to have happened and to have
been performed precedent to and in the issuance of this bond do exist, have happened and have
been performed in due time, form and manner as prescribed by law, and that the amount of this
bond, together with all other obligations or indebtedness of the City, does not exceed any
constitutional or statutory limitations of indebtedness.
IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to
be signed by the manual or fadsimile signature of its Mayor, and attested by the manual or
facsimile signature of its City Clerk, and the manual or facsimile seal of the City to be impressed
or imprinted hereon, all as of the day of , 2009.
CITY OF PORT ANGELES,
WASHINGTON •
By [Manual or Facsimile Signature]
Mayor
Attest:
[Manual or Facsimile Signature]
City Clerk
(SEAL)
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This is one of the Water and Wastewater Utility Revenue Refunding Bonds, 2009, of the
City of Port Angeles, Washington, dated _, 2009, described in the within mentioned
Bond Ordinance.
WASHINGTON STATE FISCAL
AGENCY, Bond Registrar
•
-17- PA20391_D01\20391_258 FOF/0 0P
•
Authorized Officer
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
PLEASE INSERT SOCIAL SECURITY OR TAXPAYER IDENTIFICATION NUMBER OF TRANSFEREE
(Please print or typewrite name and address, including zip code, of Transferee)
the within bond and does hereby irrevocably constitute and appoint
as attorney-in-fact to transfer said bond on the books kept for registration thereof with full power
of substitution in the premises.
DATED:
. SIGNATURE GUARANTEED:
NOTICE: Signature(s) must be guaranteed
pursuant to law.
NOTE: The signature on this Assignment
must correspond with the name of the
Registered Owner as it appears upon the face
of the within bond in every particular,
without alteration or enlargement or any
change whatever.
Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City
with the manual or facsimile signature of the Mayor of the City and attested with the manual or
facsimile signature of the Clerk thereof, and the seal of the City shall be impressed or imprinted on
each of the Bonds. In case any of the officers who shall have signed or attested any of the Bonds
shall cease to be such officer before such Bonds have been actually issued and delivered, such
Bonds shall be valid nevertheless and maybe issued by the City with the same effect as though the
persons who had signed or attested such Bonds had not ceased to be such officers.
Only such Bonds as bear thereon a Certificate of Authentication in the form set forth in
• Section 6 hereof, manually executed by the Bond Registrar, will be valid or obligatory for any
1S' P120391 D01120391 25B F09/09709"
purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication is
conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and
delivered hereunder and are entitled to the benefits of this ordinance.
Section 8. Refunding Plan; Application of Bond Proceeds; Findings.
(a) Refunding Plan. For the purpose of realizing a debt service savings and
benefiting the ratepayers of the System, the City will issue the Bonds to provide for the payment
of the redemption price of the Refunded Bonds at 100.5% of par, plus accrued interest, on
November 2, 2009.
(b) Refunding Account. There is hereby authorized to be created a special
account of the City known as the "2009 Water and Wastewater Refunding Account," which
account will be held by the Escrow Agent (as hereinafter defined) on behalf of the City and drawn
upon for the sole purpose of paying the interest payable on the Refunded Bonds through and
including their date of redemption, paying their redemption price, and paying costs related to the
refunding of the Refunded Bonds.
The proceeds of sale of the Bonds will be credited to the Refunding Account. Money in
the Refunding Account will be used immediately upon receipt to defease the Refunded Bonds as
authorized by Ordinance No. 3000 authorizing the issuance of the Refunded Bonds and to pay
costs of issuance. The City will defease the Refunded Bonds by the use of money in the
Refunding Account to purchase certain Government Obligations (which obligations so purchased, •
are herein called the "Escrow Securities"), bearing such interest and maturing as to principal and
interest in such amounts and at such tunes which, together with any necessary beginning cash
balance, will provide for the payment of:
(i) interest on the Refunded Bonds due and payable through and
including November 2, 2009; and
(ii) the redemption price of the Refunded Bonds (100.5% of the
principal amount thereof) on November 2, 2009.
The Escrow Securities will be purchased at a yield not greater than the yield permitted by
the Code and regulations relating to escrowed securities in connection with refunding bond issues.
(c) Escrow AgentlEscrow Agreement. The City hereby appoints The Bank of
New York Mellon Trust Company, N.A., Seattle, Washington, as the Escrow Agent for the
Refunded Bonds (the "Escrow Agent"). A beginning cash balance, if any, and the Escrow
Securities shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease
the Refunded Bonds. The proceeds of the Bonds remaining in the Refunding Account after
acquisition of the Escrow Securities and provision for the necessary beginning cash balance shall
be utilized to pay expenses of the acquisition and safekeeping of the Escrow Securities and
expenses of the issuance of the Bonds.
•
-19- P:\20391 00'120391 25B F09OZ?
• To carry out the purposes of this section, the City Manager or the Finance Director are
authorized and directed to execute and deliver to the Escrow Agent an Escrow Deposit
Agreement in form acceptable to the Escrow Agent and approved by the City's bond counsel.
(d) Call for Redemption of Refunded Bonds. The City hereby irrevocably sets
aside sufficient funds out of the purchase of Escrow Securities from proceeds of the Refunded
Bonds to make the payments described in Subsection (b) of this Section.
The City hereby irrevocably calls the Refunded Bonds for redemption on November 2,
2009, in accordance with the provisions of Ordinance No. 3000 relating to redemption of the
Refunded Bonds.
The defeasance and call for redemption of the Refunded Bonds will be irrevocable after
the final establishment of the Refunding Account and delivery of the Escrow Securities to the
Escrow Agent.
The Escrow Agent is hereby authorized and directed to provide for the giving of notices
of the redemption of the Refunded Bonds in accordance with the applicable provisions of
Ordinance No. 3000. The costs of publication of such notices shall be an expense of the City.
The City will take such actions as are found necessary to ensure that all necessary and
proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds are paid
is
when due.
(e) Findings of Savings and Defeasance. The Council hereby finds and
determines that the issuance and sale of the Bonds at this time will effect a saving to the City and
ratepayers of the Systen-L In making such finding and determination, this Council has given
consideration to the interest on and the fixed maturities of the Bonds and the Refunded Bonds,
the costs of issuance of the Bonds, and the known earned income from the investment of the
proceeds of sale of the Bonds pending redemption and payment of the Refunded Bonds.
The Council hereby also finds and determines that the Escrow Securities to be deposited
with the Escrow Agent and the income therefrom, together with any necessary beginning cash
balance, are sufficient to redeem the Refunded Bonds and will discharge and satisfy the
obligations of the City with respect to the Refunded Bonds under Ordinance No. 3000.
Immediately upon the delivery of the Escrow Securities to the Escrow Agent and the deposit of
any necessary beginning cash balance, the Refunded Bonds will be deemed not to be outstanding
under Ordinance No. 3000, and the owners thereof will cease to be entitled to any lien, benefit or
security under such ordinance except the right to receive payment from the Escrow Securities and
beginning cash balance so set aside and pledged.
Section 9. Revenue Fund. Pursuant to Section 2 of Ordinance No. 2843, there has
heretofore been created in the office of the Finance Director a fund of the City known as the "City
of Port Angeles Water and Wastewater Utility Revenue Fund," which fund is hereby confirmed
and continued. The City hereby obligates and binds itself to pay all Gross Revenue as collected
into the Revenue Fund. The money in the Revenue Fund shall be held separate and apart from all
•
_20_ PA20391_OOT120391_25B F0910Z0�
other funds and accounts of the City. The Gross Revenue deposited in the Revenue Fund shall be is
used only for the following purposes and in the following order of priority:
FIRST, to pay the Costs of Maintenance and Operation and to maintain a balance in the
Revenue Fund sufficient in amount to enable the City to continuously meet Costs of Maintenance
and Operation on a current basis;
SECOND, to make all payments required to be made into the Bond Account to pay the
interest on any Parity Bonds;
THIRD, to make all payments required to be made into the Bond Account to pay the
maturing principal of any Serial Bonds and to make all payments required to be made into the
Bond Account to satisfy the Sinking Fund Requirement;
FOURTH, to make all payments required to be made pursuant to a reimbursement
agreement or agreements (or other equivalent documents) in connection with Qualified Insurance
or a Qualified Letter of Credit; provided that if there is not sufficient money to make all payments
under reunbursement agreements the payments will be made on a pro rata basis;
FIFTH, to make all payments required to be made into the Reserve Account to secure the
payment of the principal of and interest on outstanding Parity Bonds;
SIXTH, to make all payments required to be made into any revenue bond redemption •
fiend, revenue warrant redemption fund, debt service account, reserve account or bond retirement
account created to pay and secure the payment of the principal of and interest on any revenue
bonds, or revenue warrants or other revenue obligations of the City, including the State Loans,
having a lien upon Gross Revenue junior and inferior to the lien thereon for the payment of the
principal of and interest on the Parity Bonds; and
SEVENTH, to retire by redemption or purchase in the open market any outstanding water
and wastewater utility revenue bonds, warrants or obligations of the System, to make necessary
additions, betterments, improvements and repairs to or extensions and replacements of the
System, to make deposits into the Rate Stabilization Fund, or for any other lawful City purposes.
Section 10. Rate Stabilization Fund. Pursuant to Section 13 of Ordinance No. 2843,
a special fund of the City designated the "Water and Wastewater Rate Stabilization Fund" (the
"Rate Stabilization Fund") has heretofore been established in anticipation of future increases in
revenue requirements of the System, which fluid is hereby confirmed and continued. In
accordance with the provisions of Section 9 of Ordinance No. 2843 and Section 9 of this
ordinance, the City may from time to time appropriate or budget amounts in the Revenue Fund
for deposit in the Rate Stabilization Fund and may from time to time withdraw amounts therefrom
for deposit in the Revenue Fund to prevent or mitigate water and wastewater rate increases or for
other lawful purposes of the City related to the System.
Section 11. Bond Account. Pursuant to Section 15 of Ordinance No. 2843, there has
heretofore been created in the office of the Finance Director a fund of the City known as the
"1994 Water and Wastewater Utility Revenue Bond Fund" (the "Bond Account"), which fund •
9/0
-21- R=391_DO1120391_256 09/09
• and the accounts therein are hereby confirmed and continued. The Bond Account is to be drawn
upon for the sole purpose of paying the principal of, premium if any, and interest on any Parity
Bonds. The money in the Bond Account shall be kept separate and apart from all other funds and
accounts of the City. All funds in the Bond Account are held in trust for the benefit of the owners
of all Parity Bonds at the time outstanding equally and ratably and without preference or
distinction as between Parity Bonds of different series and maturities.
(a) Debt Service 4ccount. A special account known as the Debt Service
Account has been created in the Bond Account for the purpose of paying the principal of,
premium, if any, and interest on the Parity Bonds.
As long as any of the Bonds remain outstanding, the City hereby irrevocably obligates and
binds itself to set aside and pay from the Revenue Fund into the Debt Service Account, on or
before the date due, those amounts necessary, together with Gross Revenue collected and
deposited and such other money as is on hand and available therefor in the Debt Service Account,
to pay the interest or principal and interest next coming due on the outstanding Bonds.
The City covenants and agrees that in the event it issues any Future Parity Bonds that are
Term Bonds, it will provide in each ordinance authorizing the issuance of the same for annual
payments to be made from the Revenue Fund into the Debt Service Account sufficient, together
with Gross Revenue collected and deposited and such other money as is on hand and available
therefor in such account, to amortize the principal of future Parity Bonds that are Term Bonds on
• or before the maturity date thereof.
(b) Reserve Account. A Reserve Account has been created in the Bond
Account for the purpose of securing the payment of the principal of and interest on the Bonds and
any Future Parity Bonds. The City hereby covenants and agrees that it will satisfy the Reserve
Account Requirement for the Bonds by depositing into the Reserve Account, from proceeds of
the Bonds or other available funds, an amount that, together with fiinds available in the Reserve
Account previously allocated to the Refunded Bonds, will be sufficient to satisfy the Reserve
Account Requirement with respect to the Bonds. ,
The City further covenants and agrees that in the event it issues any Future Parity Bonds it
will provide in each ordinance authorizing the issuance of such Future Parity Bonds that on or
prior to the date of issuance of such Future Parity Bonds money shall be deposited into the
Reserve Account, from proceeds of such Bonds or other funds available therefor, so that the total
amount of money in the Reserve Account will at least equal the Reserve Account Requirement,
The City may substitute Qualified Insurance or a Qualified Letter of Credit for amounts required
to be deposited into the Reserve Account. ,Such Qualified Letter of Credit or Qualified Insurance
shall not be cancellable on less than 5 years notice. In the event of any cancellation, the Reserve
Account shall be funded in accordance with the provisions of this section providing for payment in
the event of a deficiency therein, as if the Parity Bonds that remain outstanding had been issued on
the date of such notice of cancellation.
The City further covenants and agrees that when the required deposits have been made
• into the Reserve Account, it will at all tunes maintain therein an amount at least equal to the
'22' P'QO391 007120391 256 F 09/0915
Reserve Account Requirement, as redetermined in each calendar year with respect to the bonds
secured by such Reserve Account. Whenever there is a sufficient amount in the Bond Account,
including all accounts therein, to pay the principal of, premium, if any, and interest on all
outstanding Parity Bonds, the money in the Reserve Account may be used to pay the principal of,
premium, if any, and interest on the Parity Bonds secured thereby. Money in the Reserve
Account may also be withdrawn to redeem and retire, and to pay the premium, if any, and interest
due to such date of redemption, on the outstanding Parity Bonds secured by such Reserve
Account, as long as the money remaining on deposit in such Reserve Account is at least equal to
the Reserve Account Requirement determined with respect to the Parity Bonds then outstanding.
In the event the Bonds outstanding are ever refunded, the money set aside in the Reserve
Account to secure the payment thereof may be used to retire Bonds or may be transferred to any
other reserve account that may be created to secure the payment of any bonds issued to refund the
Bonds.
In the event there shall be a deficiency in the Debt Service Account to meet maturing
installments of either interest on or principal of and interest on the outstanding Parity Bonds
payable out of such Account, such deficiency shall be made up fiom the Reserve Account by the
withdrawal of money therefrom and by the sale or redemption of obligations held in the Reserve
Account, if necessary, in such amounts as will provide cash in the Reserve Account sufficient to
make up any such deficiency, and if a deficiency still exists inunediately prior to an interest
payment date and after the withdrawal of cash, the City shall then draw from any Qualified Letter
of Credit, Qualified Insurance, or other equivalent credit facility in sufficient amount to make up •
the deficiency. Such draw shall be made at such times and under such conditions as the
agreement for such Qualified Letter of Credit or such Qualified Insurance shall provide. If more
than one Qualified Letter of Credit or Qualified Insurance is available, draws shall be made ratably
thereon to make up the deficiency. Any deficiency created in the Reserve Account by reason of
any such withdrawal shall then be made up from money in the Revenue Fund first available after
making the payments required to be made under paragraphs "FIRST" through "FOURTH" of
Section 9 of this ordinance.
(c) Lien of Bond Account. The Bonds, together with the interest thereon, shall
be payable from Gross Revenue, and such Gross Revenue is hereby pledged and set aside out of
the Revenue Fund into the Bond Account. Said amounts so pledged are hereby declared to be a
lien and charge upon Gross Revenue and the money in the Revenue Fund equal to the lien and
charge thereon to secure and pay the principal of and interest on the 2003 Bonds and any Future
Parity Bonds and superior to all other charges of any kind or nature, except the Costs of
Maintenance and Operation.
(d) Investment of Money in Bond Account. All money in the Debt Service
Account or Reserve Account may be kept in cash or invested in Permitted Investments maturing
not later than the last maturity of the Bonds outstanding at the time of such purchase. Interest
earned on or profits made fiom the sale of such investments shall be deposited in and become a
part of the Revenue Fund.
-23- P30391 00-f\20313125B F09(097096
• Section 12. Adequacy of Revenues. The Council hereby declares that in fixing the
amounts to be paid into the Bond Account as hereinbefore provided it has exercised due regard
for the Costs of Maintenance and Operation and has not obligated the City to set aside and pay
into the Bond Account a greater amount of money in the Revenue Fund than in its judgment will
be available over and above such Costs of Maintenance and Operation.
Section 13. Covenants and Agreements. The City hereby covenants with the owner
of each of the Bonds for as long as any of the same remain outstanding as follows:
(a) Rates and Charges. The City will establish, maintain and collect lawful
rates and charges for the use of the services and facilities of the System, and will adjust such rates
and charges from time to time so that:
(1) Gross Revenue will at all times be sufficient (a) to pay all Costs of
Maintenance and Operations and to pay all taxes, assessments or other govermnental charges
lawfully imposed on the System or the revenue therefrom or payments in lieu thereof and any and
all other amounts that the City may now be and hereafter become obligated to pay from Gross
Revenue by law or contract, and (b) together with Assessments actually collected, to pay the
principal of and interest on all outstanding Parity Bonds as and when the same become due and
payable, to make all payments required to be made into the Bond Account to satisfy the Sinking
Fund Requirement, and to make when due all payments required to be made into the Reserve
Account.
• (2) The Net Revenue in each Fiscal Year will equal at least 1.25 times
Annual Debt Service for such year (after deducting Assessments actually collected for such year).
For the purpose of meeting the requirement of this paragraph there may be added to Net Revenue
for any Fiscal Year any amount withdrawn from the Rate Stabilization Fund and deposited in the
Revenue Fund. There shall be subtracted from Net Revenue for any Fiscal Year any amounts in
such year withdrawn from the Revenue Fund and deposited into the Rate Stabilization Fund in
such Fiscal Year. From and after such time as no 1998 Bonds or 2003 Bonds remain outstanding,
Annual Debt Service for purposes of this rate covenant shall be adjusted to reflect any Debt
Service Offset.
•
(b) Maintenance of System. The City will at all times keep and maintain the
System in good repair, working order and condition, and will at all times operate the same and the
business in connection therewith in an efficient manner and at a reasonable cost.
(c) Sale or Disposition of the System. The City will not sell or otherwise
dispose of the System in its entirety unless simultaneously with such sale or other disposition, the
City provides for payment into the Bond Account of cash or "Government Obligations," as now
or hereafter defined in chapter 39.53 RCW, as amended, or its successor statute, if any, sufficient
together with interest to be earned thereon to pay the principal of and interest on the then
outstanding Parity Bonds, nor will the City sell or otherwise dispose of any part of the useful
operating properties of the System unless the City replaces such facilities or provides for payment
into the Bond Account of the greater of
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P:12039f_D01120391_25B 09/69709
(1) An amount that will be in the same proportion to the net amount of •
Parity Bonds then outstanding (defined as the total amount of the Parity Bonds less the amount of
cash and investments in the Bond Account and accounts therein) that the Net Revenue from the
portion of the System sold or disposed of for the preceding year bears to the total Net Revenue
for such period; or
(2) An amount that will be in the same proportion to the net principal
amount of Parity Bonds then outstanding that the book value of the part of the System sold or
disposed of bears to the book value of the entire System immediately prior to such sale or
disposition.
The proceeds of any such sale or disposition of a portion of the properties of the System
(to the extent required above) shall be paid into the Bond Account.
Notwithstanding any other provision of this subsection, the City may sell or otherwise
dispose of any of the works, plant, properties and facilities of the System or any real or personal
property comprising a part of the same with a value less than 2% of the net utility plant of the
System or that has become unserviceable, inadequate, obsolete or unfit to be used in the operation
of the System, or no longer necessary, material to or useful in such operation, without making any
deposit into the Bond Account.
(d) Collection of Assessments. The City will promptly collect all Assessments
levied in any utility local improvement district now or hereafter created to secure the payment of •
the principal of and interest on the Parity Bonds and shall pay the same into the Bond Account
without allocation of such Assessments to any particular series of Parity Bonds. It is hereby
provided further, however, that nothing in this ordinance or in this subsection shall be construed
to prohibit the City from issuing revenue bonds having alien on Gross Revenue junior to the lien
on such revenue for the payment of the principal of and interest on Parity Bonds and pledging as
security for the payments of such junior lien bonds assessments levied in any utility local
improvement district that may have been created to pay part or all the cost of improvements to
the System for which such junior lien revenue bonds were specifically issued.
(e) Books and Accounts. The City will maintain complete books and records
relating to the operation of the System and its financial affairs, and will cause such books and
records to be audited annually, and cause to be prepared an annual financial and operating
statement, which statement will be mailed to any owner of Parity Bonds upon request.
(f) - , Insurance. The City will carry fire and extended coverage insurance on the
System as is ordinarily carried on the property of similar public utilities by other municipal
corporations engaged in the operation of the same, to the full insurable value thereof, and will also
carry adequate public liability insurance and other kinds of insurance as under good practices are
ordinarily carried on the properties of similar public utilities by private companies engaged in the
operation of the same; provided, however, that the City may, if the Council deems necessary and
advisable, institute or continue a self-insurance program with respect to any or all of the
aforementioned risks. The premiums paid for all such insurance shall be regarded and paid as a
Cost of Maintenance and Operation. •
-25- PA20391_DOW0391_25B F 09109 5
• (g) Delinquencies. The City will promptly collect all service charges and
Assessments, determine in a timely manner all delinquencies, and take all necessary legal action to
enforce collection of such delinquencies.
(h) No Free Service. Except as permitted by law, the City will not furnish any
service of the System to any customer whatsoever free of charge.
Section 14. Tax Exemption.
(a) General. The City intends for interest on the Bonds to be excludable from gross
income for federal income tax purposes under sections 103 and 141 through 150 of the Code, and
the applicable regulations. The City covenants not to take any action, or knowingly omit to take
any action within its control, that if taken or omitted would cause the interest on the Bonds to be
includable in gross income, as defined in section 61 of the Code, for federal income tax purposes.
(b) Tax Certificate. Upon the issuance of the Bonds, the Finance Director is
authorized to execute a federal tax certificate (the "Tax Certificate7% which will certify to various
facts and representations concerning the Bonds, based on the facts and estimates known or
reasonably expected on the date of issuance of the Bonds, and make certain covenants with
respect to the Bonds, including but not limited to the following:
(i) No Private Activity Bonds. The proceeds of the Bonds will not be used in
• a manner that would cause the Bonds to be "private activity bonds" within the meaning of the
Code, as further described in the Tax Certificate. Moreover, the City covenants that it will use
the proceeds of the Bonds (including interest or other investment income derived from Bond
proceeds), regulate the use of property financed, directly or indirectly, with such proceeds, and
take such other and further action as may be required so that the Bonds will not be "private
activity bonds."
•
(ii) No Federal Guarantee. The City has not and will not take any action, and
has not knowingly omitted and will not knowingly omit to take any action within its control, that,
if taken or omitted would cause the Bonds to be "federally guaranteed" within the meaning of the
Code, as further described in the Tax Certificate.
(iii) No Arbitrage Bonds. The City reasonably expects that the proceeds of the
Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the
meaning of the Code, as further described in the Tax Certificate.
(iv) No Hedge Bonds. The City reasonably expects that at least 85% percent
of the proceeds of the Bonds will be spent within three years of the date the Bonds are issued to
carry out the governmental purposes of the Bonds.
The City covenants that it will comply with the Tax Certificate unless it receives advice
from nationally recognized bond counsel or the Internal Revenue Service that certain provisions
have been amended or no longer apply to the Bonds.
`26_ PA2091_DOM0391_25B F 09/09/OiJ
(c) Arbitrage Rebate. If the City does not qualify for an exception to the requirements •
of Section 148(f) of the Code relating to the payment of arbitrage rebate to the United States, the
City will take all necessary steps to comply with the requirement that certain amounts earned by
the City on the investment of the "gross proceeds" of the Bonds (within the meaning of the Code)
be rebated.
(d) Special Designation. The City hereby designates the Bonds as "qualified
tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. The City does not
expect to issue more than $30,000,000 of "qualified tax-exempt obligations" during 2009.
Section 15. Defeasance. In the event that money and/or Government Obligations (as
defined in chapter 39.53 RCW, as amended, or its successor statute), maturing at such time or
times and bearing interest to be earned thereon in amounts (together with such money, if
necessary) sufficient to redeem and retire the Bonds or any of them in accordance with their terms
are set aside in a special account to effect such redemption and retirement and such money and
the principal of and interest on such Government Obligations are irrevocably set aside and
pledged for such purpose, then no fin-ther payments need be made into the Bond Account for the
payment of the principal of and interest on the Bonds so provided for, and the owners of such
Bonds shall cease to be entitled to any lien, benefit or security of this ordinance except for the
right to receive the money so set aside and pledged, and such Bonds shall be deemed not to be
outstanding hereunder. Within 30 days of any defeasance of Bonds, the City shall provide notice
of defeasance of Bonds to registered owners and to the MSRB in accordance with Section 19
hereof. •
Section 16. Issuance of Future Parity Bonds. The City hereby further covenants and
agrees with the owners of the Bonds for as long as any of the same remain outstanding as follows:
(a) Parity Conditions. That it will not issue any bonds with a lien on Gross
Revenue superior to the lien of the Bonds on such revenue. The City may issue Future Parity
Bonds for:
First, the purpose of acquiring, constructing and installing additions and improvements to
and extensions of, acquiring necessary equipment for, or making necessary replacements or
repairs and capital improvements to the System; or
Second, the purpose of refunding or purchasing and retiring at or prior to their maturity
any outstanding revenue bonds or other obligations payable out of Gross Revenue;
and to pledge that payments be made into the Bond Account for the payment of the
principal thereof and interest thereon out of the Revenue Fund sufficient to pay the principal of
and interest on such Future Parity Bonds and to maintain the reserves required therefor, which
such payments may rank equally with the payments out of such Revenue Fund into the Bond
Account and the Reserve Account to pay and secure the payment of the principal of and interest
on any Parity Bonds then outstanding, upon compliance with the following conditions:
•
-27- - RV0391 DOM0391 259 F 09/05/0Y
• (1) That at the time of the issuance of such Future Parity Bonds there is
no deficiency in the Bond Account and the Reserve Account.
(2) If there are special assessments levied in any utility local
improvement district in which additions and improvements to and extensions of the System wilt be
constructed from the proceeds of such Future Parity Bonds, the ordinance authorizing such
Future Parity Bonds must require that such special assessments be paid into the Bond Account.
(3) If there are special assessments pledged to be paid into a warrant or
bond redemption fund for revenue bonds or warrants being refunded by Future Parity Bonds, the
ordinance authorizing such Future Parity Bonds must require such special assessments to be used
for the refunding or paid into the Bond Account.
(4) The principal of and interest on the Future Parity Bonds will be
payable out of the Bond Account, and the ordinance authorizing their issuance must further
provide for payments into the Bond Account to satisfy the Sinking Fund Requirement and
payments into the Reserve Account.to satisfy the Reserve Account Requirement, all as required
by Section 12 of this ordinance.
(5) Prior to the delivery of any Future Parity Bonds, the City must have
on file in the office of the City Clerk a certificate of a Professional Utility Consultant showing:
that the Net Revenue determined and adjusted as hereafter provided for each calendar or Fiscal
• Year after the issuance of such Future Parity Bonds (the "Adjusted Net Revenue") will equal at
least 1.25 times the Annual Debt Service (after deducting Assessments, allocated to the years in
which they would be received if the unpaid balance of each assessment roll were paid in the
remaining number of installments with interest on the declining balance at the times and at the rate
provided in the ordinance confirming the assessment roll) for each such calendar or Fiscal Year
for all Parity Bonds plus the Future Parity Bonds proposed to be issued. From and after such time
as no 1998 Bonds or 2003 Bonds remain outstanding, Annual Debt Service for purposes of this
rate covenant shall be adjusted to reflect any Debt Service Offset.
•
The Adjusted Net Revenue shall be the Net Revenue for a period of any 12 consecutive
months out of the 24 montbs immediately preceding the date of delivery of such proposed Future
Parity Bonds as adjusted by such Professional Utility Consultant to take into consideration
changes in Net Revenue estimated to occur under the following conditions for each year after
such delivery for so long as any Parity Bonds, including the Future Parity Bonds proposed to be
issued, shall be outstanduig:
(i) The additional Net Revenue that would have been received
if any change in rates and charges adopted prior to the date of such certificate and subsequent to
the beginning of such 12 -month period, had been in force during the full 12 -month period;
(ii) The additional Net Revenue that would have been received
if any facility of the System that became fully operational after the beginning of such 12 -month
period had been so operating for the entire period; and
-28- PA20391_D0i120391_25B F 091090)
(iii) The additional Net Revenue estimated by such Professional •
Utility Consultant to be received as a result of any additions, betterments and improvements to
and extensions of any facilities of the System that are (a) under construction at the time of such
certificate or (b) will be constructed from the proceeds of the Future Parity Bonds to be issued.
Such Professional Utility Consultant may rely upon, and his or her certificate shall have
attached thereto, financial statements of the System certified by the Finance Director showing
income and expenses for the period upon which the same is based.
The certificate of such Professional Utility Consultant shall be conclusive and the only
evidence required to show compliance with the provisions and requirements of this subsection (5).
(b) ;Refunding. Notwithstanding the foregoing requirement, if Future Parity
Bonds are to be issued for the purpose of refunding at or prior to their maturity any part or all of
the then outstanding Parity Bonds, the certificate described in subsection (a)(5) of this section is
not required if the Finance Director provides .a certificate stating that upon the issuance of such
Future Parity Bonds (i) total debt service on all Parity Bonds (including the refunding bonds but
not including the bonds to be refunded thereby) will decrease, and (ii) the Annual Debt Service for
each year that any Parity Bonds (including the refunding bonds proposed to be issued) will be
outstanding will not increase by more than $5,000 by reason of the issuance of such Future Parity
Bonds.
(c) Junior Lien Obligations. Nothing herein contained shall prevent the City •
from issuing any revenue bonds, warrants or other obligations that are a charge upon the money
in the Revenue Fund junior or inferior to the payments required by this ordinance to be made into
the Bond Account and the Reserve Account.
Section 17. Sale of Bonds. The City hereby approves the offer of Seattle -Northwest
Securities Corporation (the "Underwriter") to purchase the Bonds on the terms and conditions set
forth in its purchase contract received on the date of this ordinance (the "Purchase Contract").
The City Manager is hereby authorized to sign the Purchase Contract on behalf of the City and
deliver it to the Underwriter. The proper City officials are hereby authorized and directed to do
everything necessary for the prompt issuance, execution and delivery of the Bonds to the
Underwriter, in accordance with this ordinance and the Purchase Contract, and to apply the Bond
proceeds in accordance with this ordinance.
Section 18. Official Statement, The City approves the preliminary Official Statement
presented to this Council and authorizes the Underwriter's distribution of the preliminary Official
Statement in connection with the offering of the Bonds for sale. Pursuant to the Rule, the City
deems the preliminary Official Statement dated September 1, 2009, final as of its date except for
the omission of information dependent upon the pricing of the Bonds and the completion of the
Purchase Contract. The City agrees to cooperate with the Underwriter to deliver or cause to be
delivered, within seven business days from the date of the sale of the Bonds and in sufficient time
to accompany any confirmation that requests payment from any customer of the Underwriter,
copies of a final Official Statement in sufficient quantity to comply with paragraph (b)(4) of the
Rule and the rules of the MSRB. The City authorizes the Underwriter to use the Official •
-29- PA20391_DOW0391_25B F09,R41-
• Statement, substantially in the form of the preliminary Official Statement, in connection with the
sale of the Bonds. The City Manager and Finance Director are hereby authorized to review and
approve on behalf of the City the final Official Statement relative to the Bonds with such additions
and changes as they may deem necessary or advisable.
Section 19. Undertaking to Provide On oin2 Disclosure. This Section 19
constitutes the City's written undertaking for the benefit of the owners and Beneficial Owners of
the Bonds as required by Section (b)(5) of the Rule.
(a) Financial Statements/Operating Data. The City agrees to provide or
cause to be provided to the MSRB, in accordance with the Rule, the following annual financial
information and operating data for the prior Fiscal Year (commencing in 2010 for the fiscal year
ended December 31, 2009):
(1) Annual financial statements, which statements may or may not be
audited, showing end fund balances for the Revenue Fund prepared in accordance with the
Budget Accounting and Reporting System prescribed by the Washington State Auditor pursuant
to RCW 43.09.200 (or any successor statute) and generally of the type included in the official
statement for the Bonds under the headings "Water/Wastewater Fund - Statement of Revenues,
Expenses and other Changes in Fund Equity' and "Water/Wastewater Utility - Historical
Coverage from Operations";
• (2) The principal amount of Parity Bonds and debt service coverage for
Parity Bonds;
(3) Water and wastewater rates; and
(4) Number of water and wastewater customers of the System.
Items (2) — (4) shall be required only to the extent that such information is not included in
the annual financial statements provided pursuant to (1).
Such annual information and operating data described above shall be provided on or
before seven months after the end of the City's fiscal year. The City's fiscal year currently ends
on December 31. The City may adjust such fiscal year by providing written notice of the change
of fiscal year to the MSRB. In lieu of providing such annual financial information and operating
data, the City may cross-refer to other documents available to the public on the MSRB's internet
website or filed with the Commission.
If not provided as part of the annual financial information discussed above, the City shall
provide to the MSRB the City's audited annual financial statement prepared in accordance with
the Budget Accounting and Reporting System prescribed by the Washington State Auditor
pursuant to RCW 43.09.200 (or any successor statute) when and if available.
(b) Material Events. The City agrees to provide or cause to be provided, in a
timely manner, to the MSRB notice of the occurrence of any of the following events with respect
• to the Bonds, if material:
-30- P..V0391_DMV0391_25B F0910319p
difficulties;
difficulties;
perform;
the Bonds;
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults;
(3) Unscheduled draws on debt service reserves reflecting financial
(4) Unscheduled draws on credit enhancements reflecting financial
(5) Substitution of credit or liquidity providers, or their failure to
(6) Adverse tax opinions or events affecting the tax-exempt status of
(7) Modifications to rights of Bond holders;
•
(8) Optional, contingent or unscheduled calls of any Bonds other than
scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act
Release 34-23856;
(9) Defeasances;
(10) Release, substitution or sale of property securing repayment of the is
Bonds; and
(11) Rating changes.
Solely for purposes of disclosure, and not intending to modify this undertaking, the City
advises with reference to item (10) above that no property secures payment of the Bonds. The
Reserve Account is the applicable debt service reserve.
(c) Notification Upon Failure to Provide Financial Data. The City agrees to
provide or cause to be provided, in a timely manner, to the MSRB notice of the City's failure to
provide the annual financial information described in subsection (a) above on or prior to the date
set forth in subsection (a) above.
(d) EMMA; Format for Filings with the MSRB. Until otherwise designated by
the MSRB or the Cominission, any information or notices submitted to the MSRB in compliance
with the Rule are to be submitted through the MSRB's Electronic Municipal Market Access
system ("EMMA"), currently located at www.e=a.msrb.org. All notices, financial information
and operating data required by this undertaking to be provided to the MSRB must be in an
electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to
this undertaking must be accompanied by identifying information as prescribed by the MSRB.
-31- N20391_D6T20391_258 FD9f00
• (e) Termination/Modification. The City's obligations to provide annual
financial information and notices of material events shall terminate upon the legal defeasance,
prior redemption or payment in full of all of the Bonds. This section, or any provision hereof,
shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel to
the effect that those portions of the Rule which require this section, or any such provision, are
invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and (ii) notifies
the MSRB of such opinion and the cancellation of this section.
Notwithstanding any other provision of this ordinance, the City may amend this
Section 19, and any provision of this Section 19 may be waived, with an approving opinion of
nationally recognized bond counsel and in accordance with the Rule. In the event of any
amendment or waiver of a provision of this Section 19, the City shall describe such amendment in
the next annual report, and shall include, as applicable, a narrative explanation of the reason for
the amendment or waiver and its impact on the type (or in the case of a change of accounting
principles, on the presentation) of financial information or operating data being presented by the
City. In addition, if the amendment relates to the accounting principles to be followed in
preparing financial statements, (i) notice of such change will be given in the same manner as for a
material event under subsection (b), and (ii) the annual report for the year in which the change is
made will present a comparison (in narrative form and also, if feasible, in quantitative form)
between the financial statements as prepared on the basis of the new accounting principles and
those prepared on the basis of the former accounting principles.
• (f) Bond Owners Remedies Under This Section. The right of any Bond
Owner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a
right to obtain specific enforcement of the City's obligations hereunder, and any failure by the
City to comply with the provisions of this undertaking shall not be an event of default with respect
to the Bonds hereunder. For purposes of this section, "Beneficial Owner" means any person who
has the power, directly or indirectly, to vote or consent with respect to, or to dispose of
ownership of, any Bonds, including persons holding Bonds through nominees or depositories.
Section 20. Supplements and Amendments.
(a) The Council from time to time and at any time may adopt an ordinance or
ordinances supplemental hereof, which ordinance or ordinances thereafter shall become a part of
this ordinance, for any one or more or all of the following purposes:
(1) To add to the covenants and agreements of the City in this
ordinance other covenants and agreements thereafter to be observed, which shall not adversely
affect the interests of the owners of any Bonds or any Parity Bonds in any material respect, or to
surrender any right or power herein reserved to or conferred upon the City.
(2) To make such provisions for the purpose of curing any ambiguities
or of curing, correcting or supplementing any defective provision contained in this ordinance in
regard to such matters or questions as the Council may deem necessary or desirable and not
inconsistent with this ordinance and which shall not adversely affect the interests of the owners of
• any Bonds or any Parity Bonds in any material respect.
-32- P.120391 DOW0391 25S F 6910§
(3) To amend or supplement any provision contained in this ordinance •
for the purpose of obtaining or maintaining a rating on the Bonds so long as such amendment or
supplement is not inconsistent with this ordinance and will not adversely affect the interests of the
owners of any Bonds or any Parity Bonds in any material respect.
Any such supplemental ordinance of the Council may be adopted without the consent of
the owners of any Bonds at any time outstanding, notwithstanding any of the provisions of
subsection (b) of this section; provided, however, that the City shall obtain an opinion of
nationally recognized bond counsel to the effect that such supplemental ordinance complies with
this subsection (a) and will not adversely affect the interests of the owners of any Bonds or any
Parity Bonds in any material respect.
(b) With the consent of the owners of not less than 65% in aggregate principal
amount of the Parity Bonds at the time outstanding, the Council may adopt an ordinance or
ordinances supplemental hereto for the purpose of adding any provisions to or changing in any
manner or eliminating any of the provisions of this ordinance or of any supplemental ordinance;
provided, however, that no such supplemental ordinance shall:
(1) Extend the fixed maturity of any Parity Bonds, or reduce the rate of
interest thereon, or extend the time of payments of interest from their due date, or reduce the
amount of the principal thereof, or reduce any premium payable on the redemption thereof,
without the consent of the owner of each bond so affected; or
(2) Reduce the aforesaid percentage of bond owners required to •
approve any such supplemental ordinance, without the consent of the owners of all of the Parity
Bonds then outstanding.
It shall not be necessary for the consent of bond owners under this subsection (b) to
approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if
such consent shall approve the substance thereof.
(c) Upon the adoption of any supplemental ordinance pursuant to the
provisions of this section, t1�iis ordinance shall be deemed to be modified and amended in
accordance therewith, and the respective rights, duties and obligations of the City under this
ordinance and all owners of Bonds outstanding hereunder shall thereafter be determined,
exercised and enforced thereunder, subject in all respects to such modification and amendments,
and all the teens and conditions of any such supplemental ordinance shall be deemed to be part of
the terms and conditions of this ordinance for any and all purposes.
Section 21. Lost or Destroyed Bonds. In case any Bonds are lost, stolen or
destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount,
date and tenor to the Registered Owner thereof if the owner pays the expenses and charges of the
Bond Registrar and the City in connection therewith and files with the Bond Registrar and the
City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed
and of his or her ownership thereof, and furnishes the City and the Bond Registrar with indemnity
satisfactory to both. •
-33- PA2039t DOW0391 25B F 69l0
• Section 22. Severability. If a court of competent jurisdiction declares any one or more
of the covenants and agreements provided in this ordinance to be performed on the part of the
City to be contrary to law, then such covenant or covenants, agreement or agreements, will be
null and void and will be deemed separable from the remaining covenants and agreements in this
ordinance and will in no way affect the validity of the other provisions of this ordinance or of any
Bonds.
•
•
-34- PA20391 DOW0391 258 F 09(09109
Section 23. Effective Date, This ordinance will become effective five days from and is
after its passage, approval and publication.
PASSED by the City Council of the City of Port Angeles, Washington, at a regular
meeting of the Council held on September 15, 2009.
(SEAL)
Attest:
City Clerk
CITY OF PORT ANGELES,
WASHINGTON
I:
Mayor
-35- PA20391 D0M0391 25B F09/0§P
C
• CERTIFICATE OF CITY CLERK
I DO HEREBY CERTIFY that I am the duly chosen, qualified and acting Clerk of the
City of Port Angeles, Washington (the "City"), and keeper of the records of the City Council; and
I HEREBY CERTIFY:
1. That the attached ordinance is a true and correct copy of Ordinance
No. of the City (the "Ordinance"), as finally passed at a regular meeting of the City
Council held on September 15, 2009, and duly recorded in my office.
2. That said meeting was duly convened and held in all respects in accordance
with law, and to the extent required by law, due and proper notice of such meeting was given;
that a quorum was present throughout the meeting and a legally sufficient number of members of
the City Council voted in the proper manner for the passage of the Ordinance; that all other
requirements and proceedings incident to the proper passage of the Ordinance have been duly
fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this day of September,
2009.
•
G.-\Legal_BackuplORDINANCES&RESOLUTIONSIORDINANCES200913I.Rcvenoe RefimdingBond Oa1.090909,doc
•
City Clerk
F-89
PA20391_00Tk 391_2513 09/09/09
•
•
•
F-90
C
; -T
�JGELES
WASHINGTON,
CITY COUNCIL MEMO
DATE: SEPTEMBER 15, 2009
To: CITY COUNCIL
FROM: YVONNE ZIOMKOWSKI, FINANCEDIRECTOR
SUBJECT: ESTABLISH STORMWATER UTILITY FUND
Summary: This ordinance will formally establish a separate fund for stormwater utility revenues.
Recommendation: Conduct the second reading of the proposed ordinance and adopt.
Background:
• In November 2003, Ordinance 3151 was adopted establishing the Stormwater Utility. As initially
established, the Utility was limited in purpose and scope, and although Utility's funds were set up
in a separate account, a separate budget fund was not created at that time.
Recently, the Utility has changed significantly. To comply with new legal requirements, in May,
2009, the Council adopted a wholesale revision of the 2003 ordinance. The effect of the revisions
was to expand the purpose, scope, and functions of the Stormwater Utility. It is now
recommended that a separate stormwater utility fund be established to account for the revenues
and expenditures generated by that utility.
The first reading of the Ordinance was conducted at the September 1, 2009 City Council meeting.
Staff recommends the City Council conduct the second reading of the Ordinance and adopt.
• G:\EXCHANGE\CITY MANAGER\CouncilPacket\Stormwater Fund 9-15-09 memo.doc
F-91
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, creating a fund
for the administration, maintenance and operation of the Stormwater
Utility, and adding a new section, 3.34, to Chapter 3 of the Port
Angeles Municipal Code.
WHEREAS, the City Council does hereby find that there is need to establish a special
fund to be identified as the "Stormwater Utility Fund" for the purpose of administering and
accounting for revenue received under Chapter 13.63 of the Port Angeles Municipal Code,
Stormwater - Utility and Regulations.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as
follows:
•
Section 1. Chapter 3, Revenue and Finance, of the Port Angeles Municipal Code is •
hereby amended by adding a new chapter, PANIC 3.34, to read as follows:
Chanter 3.34
STORMWATER UTILITY FUND
Sections:
3.34.010 Fund Created.
3.34.020 Revenue.
3.34.030 Expenditures.
3.34.040 Administration.
3.34.010 - Fund Created.
There is hereby established in the City Treasury a special fund designated and known as
the "Stormwater Utility Fund."
3.34.020 - Revenue.
All sums collected under Chapter 13.63 shall be deposited and kept in the "Stormwater
Utility Fund."
3.34.030 - Expenditures.
The "Stormwater Utility Fund" shall be used and expended only (1) for the payment of
necessary or proper expenditures or obligations incurred in or incident to the repgir •
improvement, capital projects, unkeen maintenance or operation of the City's stormwater utility,
-1- F - 92
• (2) usual expenses related to the administration of the fund, and (3) compliance with the City's
3.34.020 - Administration.
The Finance Director is charged with administration of said fund
Section 2 - Severability. If any provisions of this Ordinance or its applications to any
person or circumstances is held to be invalid, the remainder of the Ordinance or application of
the provisions of the Ordinance to other persons or circumstances is not affected.
Section 3 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
is
Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of September, 2009.
ATTEST:
MAYOR
APPROVED AS TO FORM:
Janessa Hurd, City Clerk William E. Bloor, City Attorney
PUBLISHED: September , 2009
By Summary
• G:\Legal_Backup\ORDINANCES&RESOLUTION S\O RDINANCES.2009\27-Stormwater Fund Creation.082609.wpd
August 27, 2009
-2- F-93
•
•
WASH ING TO N,
CITY COUNCIL MEMO
DATE: September 15, 2009
TO: CITY COUNCIL
FROM: NATHAN A. WEST, DIRECTOR
COMMUNITY & ECONOMIC DEVELOPMENT
SUBJECT: ALTERATION OF WALKER ESTATES SUBDIVISION
10TH/NhLWAUKEE
Summary: Consideration of final approval of the alteration of a subdivision in the RS -11
Residential Single Family zone.
Recommendation: Following review, Council should motion to approve the plat alteration of the
Walker Subdivision citing] condition, 6 findings, and 3 conclusions identified in Attachment `A "
to this memorandum in support of that action. The motion should authorize the Mayor to sign the
mylar.
Background / Analysis: Council granted approval of alteration of the 22 -unit Walker Estates
Subdivision, located in the City's RS -11 Residential Single Family zone, to 19 lots on May 19,
2009. Alteration approval was granted with one condition regarding the necessary relocation of
utility services to the altered lots. The property owner submitted an assignment of savings
satisfactory to the City Engineer, per Section 16.08.050(B)(2) PAMC in the amount of $72,000 to
ensure completion of the work that is now in progress. The final mylar has been submitted for
signature. All work is being done in an acceptable manner.
Attachments: - Attachment A - Ordinance, findings, and conclusions
Attachment B - Proposed alteration map
1-1
ORDINANCE NO. •
AN ORDINANCE of the City 3if Port Angeles, Washington, approving
the 19 -lot Walker Est es Plat Alteration subdivision in the RS -
11 zone.
WHEREAS, the City Council/of the City of Port Angeles has considered the public
use and interest served by the Walkel Estates Plat Alteration; and
WHEREAS, preliminary Approval was given on May 19, 2009 for alteration of the 22 -
lot Walker Estates Subdivision 4 19 lots; and
WHEREAS, the City)Council finds that the Walker Estates Plat Alteration includes
appropriate provisions for th4public health, safety and general welfare; and
WHEREAS, the C'ty Council finds that the public interest will be served by approval
of the Walker Estates Plat Alteration; and
WHEREAS, t e proponents of the Walker Estates Plat Alteration have made
appropriate provision or public improvements, as stated in more detail in the attached
Condition, Findings provision/
Conclusions; and
WHERE , the City of Port Angeles Public Works and Utilities Department has
certified that ther are adequate means for supplying water and for sewage disposal in the
subdivision and/dedication; and
REAS, the final subdivision and the assignment of savings for pending
have been accepted by the City Engineer of the City of Port Angeles; and
the City Council finds that the Walker Estates Plat Alteration conforms
to all conditions of the preliminary plat approval for the Walker Estates Plat Alteration, as
altered May 19, 2009, and that said subdivision meets requirements of local and state law in •
-1-
1-2
• Nffect at the time of the preliminary plat approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DO AIN as follows:
ection 1. The attached Condition, Findings and Conclusions hereby are adopted
and incorpor ted herein.
Sectio 2. The Walker Estates Plat Alteration is hereby approved. The appropriate
officers of the City f Port Angeles are hereby authorized to sign the final subdivision plat and
authorize recording of e document with the Clallam County Auditor.
Section 3 - Effecti a Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative ody, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and ublication of an approved summary thereof consisting of
• the title.
•
PASSED by the City Council of the ity of Port Angeles at a regular meeting of said
Council held on the day of September, 009.
ATTEST:
Janessa Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED: September , 2009
By Summary
G:\Legal_Backup\ORDINANCES&RESOLUTIONS\ORDINANCES.2009\25-Walker Subdvisioa082409.wpd
-2-
MAYOR
1-3
ATTACHMENT "A" •
CONDITION, FINDINGS AND CONCLUSIONS IN SUPPORT OF FINAL APPROVAL
OF ALTERATIONS TO THE WALKER SUBDIVISION:
Condition:
1. Existing water and electric services shall be relocated by the property owner as necessary to
serve the redefined building sites to locations approved by the City within existing or approved
easements prior to final plat approval. Easements required to accomplish this alteration must
be shown on the final plat and approved by the City.
Findings:
The Walker Estates Subdivision was approved as a 22 lot residential subdivision in the RS -11
Residential Single Family zone on September 16, 2007 by Ordinance #3299 of the Port
Angeles City Council. The subdivision was filed in Volume 15, Page 34 of Plats, Clallam
County, Washington.
2. Per Section 58.17.215 RCW, an application requesting alteration of the subdivision was
submitted to the legislative authority of the City on April 24, 2009, requesting alteration of the
Walker Estates Subdivision from 22 to 19 lots. The reduction of building lots is intended to
create larger building site areas given the development restrictions of the lots within the
subdivision that are located on a marine bluff. A consolidation of three irregular lots south of •
Walker Drive into 2 lots is also intended.
The subdivision alteration was approved by the City Council on May 16, 2009, with one
condition. The condition of alteration approval was that existing water and electric services
shall be relocated by the property owner to serve the altered lots to City standards.
4. A site visit by City staff identified that trees planted along the marine bluff as mitigation for
over clearing have survived in a satisfactory manner. No additional planting is required.
5. Per 16.08.050(B)(2) PAMC, property owners submitted an engineer's estimate for relocation
of the water, electric, and telecommunication facilities to the City Engineer for review on
August 13, 2009. The estimate was approved and an assignment of savings for 150% of the
estimated cost of improvements ($72,000) is on file with the City Clerk's Office of the City of
Port Angeles for the required relocation of utility service.
6. Notice was provided of Council's consideration of the final plat alteration on August 26, 2009.
No written comments were received.
Conclusions:
A. The proposed alteration adjusts the property lines within the confines of an approved
subdivision without creating additional lots. Access and service issues are not changed.
Impacts to the surrounding neighborhood are not increased as a result of the proposed •
alteration, and in fact, may be decreased by the reduced number of lots.
IN
• B. As conditioned, the altered subdivision complies with all development standards of the City's
Municipal Code with regard to the development of residential building sites in the RS -11 zone,
and with State procedure for the alteration of subdivisions as contained in Section 58.17.040
RCW. The alteration is in the public use and interest.
C. As altered, the subdivision remains in conformance with Section 15.20 PAMC that is pertinent
to development within environmentally sensitive areas.
Adopted by the Port Angeles City Council at its meeting of September 15, 2009.
Gary Braun, Mayor
Janessa Hurd, City Clerk
•
0
Rut
Wafer ]Estates
a Subdivision of Suburban Lot 59 and a portion
of Suburban Lot 58, Townsite of Port Angeles,
Clallam County, Washington
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Cc�s N
25 �vlo a ■ SET '-INCH IRON PIPE IN CONCRETE WITH 2-MVCH BRASS CAP
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Proposed Amendment dated 5-11-09 22344- PER VOLUME 31 OF SURVEYS, PACE 1
— ---- BU9DNO SETBACK LME
1 XX SF LOT SQUARE FOOTAGE
xXXx INLXCATES STREET ADDRESS
50 -FOOT INGRESS, EGRESS, AND UTILITY EASEMENT
® 10 -FOOT AND 20 -FOOT UALTY EASEH£NTS INCLUDING DRAINAGE
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DATE: September 15, 2009
TO: CITY COUNCIL
NGELES
FROM: NATHAN A. WEST, DIRECTOR
COMMUNITY & ECONOMIC DEVELOPMENT
SUBJECT: STREET VACATION PETITION — STV 09-03
LUCERO — PORTION OF VINE STREET
Summary: Consideration of the vacation of public right of way.
Recommendation: Following the public hearing, Council should conduct a first reading of the
attached ordinance vacating a portion of Vine Street citing I condition, 15 findings, and 5
conclusions attached as Attachment `A" to the ordinance in support of the action.
Background / Analysis: On August 26, 2009, the Planning Commission conducted a public
hearing in consideration of the vacation of Vine Street abutting Lot 11, Block 11, Puget Sound
Cooperative Colony's Second Addition to Port Angeles. The petitioners are John and Cathy
Lucero, who own the abutting property. During the public hearing, several neighboring residents
and property owners expressed support for the vacation which is being requested in order to clear
title to the Lucero residential development. A portion of the Lucero residence was constructed in
the right of way during the 1920's, and use of the right of way has inadvertently included most of
the east half of the right of way since that time. Following the public hearing, the Planning
Commission voted unanimously to recommend that the entire east half of the right of way be
vacated to the Luceros at no compensation.
The City's Real Estate Committee met to discuss compensation for the right of way On August 3,
2009, and in the event vacation was. deemed appropriate, recommended that no compensation
should be required given the long history of historical survey errors in the underlying subdivision.
Vine Street is undeveloped and is a gravel surface. Local traffic uses the west half of Vine Street
as the east half has been previously vacated with the exception of that portion abutting the Lucero
property. All of Vine Street south of the site has been previously vacated due to survey and use
errors. The full staff report on this matter is attached to this memorandum for Council's
information on the matter. Staff will be available for questions.
Cc: Ordinance, condition, findings, and conclusions
Excerpt of August 26, 2009 Planning Commission Minutes
Staff report
•
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ORDINANCE NO. •
AN ORDINANCE of the City of Port Angeles, Washington, vacating a
portion of Vine Street abutting Lot 11, Block 11, Puget Sound
Cooperative Colony's 2nd Addition to the Townsite of Port Angeles,
in Clallam County, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of Vine
Street abutting Lot 11, Block 11, Puget Sound Cooperative Colony's 2" Addition to the
Townsite of Port Angeles, Clallam County, Washington; and
WHEREAS, street vacations are categorically exempt from the requirements of the State
Environmental Policy Act (SEPA) rules as set forth in WAC 197-11-800(2)(h); and
WHEREAS, a public hearing has been held by the City Council following public notice
pursuant to Chapter 35.79 RCW; and
WHEREAS, said vacation appears to be of benefit to and in the interest of the public; and •
WHEREAS, the City Council finds that the right-of-way never has been opened or used
by the public, and considering all circumstances, that no compensation should be charged to the
adjoining owners;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO
HEREBY ORDAIN as follows:
Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the
following right-of-way, as depicted on Exhibit "A," is hereby vacated:
AAA ash �t I
A-portren of Vine Street abutting Lot 11, Block 11, Puget
Sound Cooperative Colony's 2 Addition to the Townsite of
Port Angeles, all in Clallam County, Washington.
•
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ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, vacating a
portion of Vine Street abutting Lot 11, Block 11, Puget Sound
Cooperative Colony's 2"d Addition to the Townsite of Port Angeles,
in Clallam County, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of Vine
Street abutting Lot 11, Block 11, Puget Sound Cooperative Colony's 2nd Addition to the
Townsite of Port Angeles, Clallam County, Washington; and
WHEREAS, street vacations are categorically exempt from the requirements of the State
Environmental Policy Act (SEPA) rules as set forth in WAC 197-11-800(2)(h); and
WHEREAS, a public hearing has been held by the City Council following public notice
pursuant to Chapter 35.79 RCW; and
WHEREAS, said vacation appears to be of benefit to and in the interest of the public; and
WHEREAS, the City Council finds that the right-of-way never has been opened or used
by the public, and considering all circumstances, that no compensation should be charged to the
adjoining owners;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO
HEREBY ORDAIN as follows:
Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the
following right-of-way, as depicted on Exhibit "A," is hereby vacated:
The east 30' of Vine Street abutting Lot 11, Block 11, Puget
Sound Cooperative Colony's 2"d Addition to the Townsite of
Port Angeles, all in Clallam County, Washington.
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Section 2 -Condition. Petitioners' property, identified as tax parcel #0630105011150000
and located at 509 E. Whidby Avenue, together with right-of-way acquired through this street
vacation shall be combined into one building site per Zoning Lot Covenant prior to the issuance
of quit claim deeds for the right-of-way. The attached Condition, Findings and Conclusions
hereby are adopted and incorporated herein.
Section 3 - Compensation. No compensation shall be required from the adjoining owners
for the vacation of this street.
Section 4 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. Upon satisfaction of the
condition stated in Section 2, above, the City Clerk is hereby directed to publish this Ordinance
and to file a certified copy with the Clallam County Auditor and the Clallam County Assessor.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of October, 2009.
MAYOR
ATTEST:
Janessa Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED: October 2009
By Summary
G:\Legal_Backup\ORDINANCES&RESOLUTIONS\ORDINANCES.2009\26-Lucero STV.082509.wpd
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• Section 2 -Condition. Petitioners' property, identified as tax parcel #0630105011150000
and located at 509 E. Whidby Avenue, together with right-of-way acquired through this street
vacation shall be combined into one building site per Zoning Lot Covenant prior to the issuance
of quit claim deeds for the right-of-way. The attached Condition, Findings and Conclusions
hereby are adopted and incorporated herein.
Section 3 - Compensation. No compensation shall be required from the adjoining owners
for the vacation of this street.
Section 4 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. Upon satisfaction of the
condition stated in Section 2, above, the City Clerk is hereby directed to publish this Ordinance
and to file a certified copy with the Clallam County Auditor and the Clallam County Assessor.
• PASSED by the City Council of the City of Port Angeles at a regular meeting of said
C
Council held on the day of October, 2009.
ATTEST:
Janessa Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED: October 2009
By Summary
CADocumenrs and Settings\srcberds\Local Settings\Temp\XPgcpwise\26-Lucero STV.082509.wpd
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MAYOR
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CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION —
STV 09-01 — LUCERO: •
Condition:
1. Property owned by the petitioners and right-of-way acquired through the subject vacation
shall be combined into one building site per Zoning Lot Covenant prior to the issuance of
quit claim deeds for the right-of-way.
Findings:
1. A petition requesting vacation of a portion of the Vine Street right-of-way situated
immediately north of Whidby Avenue abutting Lot 11, Block 11, Puget Sound Cooperative
Colony's Second Addition (PSCC2) to Port Angeles was submitted on June 23, 2009, by
property owners John and Cathy Lucero.
2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid
when the vacation of right-of-way is proposed. The subject petition is signed by 10% of the
abutting property owners.
3. The subject area is zoned RS -7 Residential Single Family. The RS -7 zone requires a 13 -foot
side yard abutting a street for residential development. The subject area is developed with
single family structures and a multiple family apartment along the Lopez/Orcas Alley.
4. PSCC2 was filed as a County plat in the late 1800's. The area was annexed into the City in •
1961. Many homes in the subdivision were developed during the first portion of the 20th
Century with the subject residence developed in the early 1920's. The Lucero residence was
constructed in the mid 1920's and encroaches into the adjacent Vine Street right of way some
10' along the west side of the structure.
5. Historic development in PSCC2 has resulted in many encroachments onto neighboring
properties and into rights of way largely due to some initial incorrect surveys and lack of
surveys in the area. Vacations of the Vine Street right of way south of Whidby Avenue to
Park Avenue have resulted in that entire portion of right of way being vacated between 1979
and 1997. Vacations were approved to allow property owners to clear title to their properties
where encroachments occurred. The east one half of Vine Street immediately north of the
subject property between Whidby Avenue and Orcas Avenue was vacated in 1987. That
vacation is the only one in the area that was not approved to clear title. However, the right of
way immediately north of that site, to Orcas Avenue (east portion of Vine Street) was
vacated to clear title to property in 1987. The subject right of way is the only portion of the
east half of Vine Street between Orcas Avenue and Park Avenue not yet vacated.
6. The City's Public Works and Utilities, Fire, Police, and Community and Economic
Development staff reviewed the petition. No objections or concerns were raised as a result of
that review. Public Works and Utilities staff commented that vacation of the subject portion
of the east one half of the right of way will not present any transportation or utility issues.
The Port Angeles Fire Department noted that emergency access will not be hindered by the
proposed vacation. Community and Economic Development had no issues to report. The •
Police Department did not comment.
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Economic Development staff had no issues to report. The Police Department did not
comment.
F
7. Utilities are located in the west one half of the right of way. No utilities are found in the east
half of the right of way.
8. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the
proposed vacation of right of way proposal. Land Use Element, Map, Goals, Policies, and
Objectives Element Goal A is relevant to the proposal.
9. The Port Angeles City Council's Real Estate Committee met on August 3, 2009, and
determined that a minimum value should be established for the unopened right of way based
on previous precedent set by vacating other areas of Vine Street for no compensation or $1 to
clear unintended encroachments.
10. The vacating of a street is categorically exempt from the State Environmental Policy Act
(SEPA) review per Section 197-11-800(2)(h) of the Washington Administrative Code.
11. The site was posted regarding the proposed land use action on July 28, 2009, with required
publication appearing in the Peninsula Daily News on July 30, 2009.
12. Consolidation of the right of way following vacation can be accomplished by the filing of a
Zoning Lot Covenant that will combine the vacated property with the abutting lot owned by
the Luceros into one building site.
13. At its August 4, 2009, regular meeting, the Port Angeles City Council established a public
hearing date by resolution for action on the street vacation petition as September 15, 2009.
14. The Port Angeles Planning Commission held a public hearing on the proposed street vacation
on August 26, 2009. Following the public hearing, the Commission recommended that the
Citv vacate the unneeded portion of right-of-way to the abutting property owners to clear title
to the property.
Conclusions:
A. Previous vacations of Vine Street between Orcas Avenue and Park Avenue have been
approved resulting in the subject location being the only portion of the right of way where the
width remains as originally platted - 80'. The City Engineer stated that the full width of right
of way is not needed in this location to facilitate either the current or long range
transportation planning needs of the City. Local traffic will continue to utilize the west one
half of the right of way with no change in traffic pattern as a result of the vacation.
B. Emergency service providers (Fire Department) indicated that vacation of the east portion of
right of way as proposed will not prevent access to properties in the area for emergency
purposes or for residential use, nor will such vacation cause a change in access or service to
existing properties.
Ir
C. A history of vacation of rights of way in the underlying subdivision is noted due to historic
development and use encroachments into adjacent rights of way and neighboring property
lines. Vacation of the subject right of way will allow the petitioners' to clear title to their
property and provide a standard side yard setback adjacent to a street as is required in the
Port Angeles Municipal Code for the RS -7 zone. Additionally, the vacation will place
unneeded property on the City's tax roles, therefore being in the public interest.
D. As conditioned, site consolidation will appropriately combine the vacated right of way with
adjacent residential property to create a conforming building site.
E. The action is consistent with the goals and policies of the City's Comprehensive Plan
specifically with Land Use Map, Goal, Policies and Objective Element Goal A.
Adopted by the Port Angeles City Council at its regular meeting of September , 2009.
Gary Braun, Mayor
Janessa Hurd, City Clerk
- AMENDED -
CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION —
STV 09-01 — LUCERO:
Condition:
1. Property owned by the petitioners and right-of-way acquired through the subject vacation
shall be combined into one building site per Zoning Lot Covenant prior to the issuance of
quit claim deeds for the right-of-way.
Findings:
1. A petition requesting vacation of a portion of the Vine Street right-of-way situated
immediately north of Whidby Avenue abutting Lot 11, Block 11, Puget Sound Cooperative
Colony's Second Addition (PSCC2) to Port Angeles was submitted on June 23, 2009, by
property owners John and Cathy Lucero.
2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid
when the vacation of right-of-way is proposed.. The subject petition is signed by 10% of the
abutting property owners.
3. The subject area is zoned RS -7 Residential Single Family. The RS -7 zone requires a 13 -foot
side yard abutting a street for residential development. The subject area is developed with
single family structures and a multiple family apartment along the Lopez/Orcas Alley.
4. PSCC2 was filed as a County plat in the late 1800's. The area was annexed into the City in
1961. Many homes in the subdivision were developed during the first portion of the 20tn
Century with the subject residence developed in the early 1920's. The Lucero residence was
constructed in the mid 1920's and encroaches into the adjacent Vine Street right of way some
10' along the west side of the structure.
Historic development in PSCC2 has resulted in many encroachments onto neighboring
properties and into rights of way largely due to some initial incorrect surveys and lack of
surveys in the area. Vacations of the Vine Street right of way south of Whidby Avenue to
Park Avenue have resulted in that entire portion of right of way being vacated between 1979
and 1997. Vacations were approved to allow property owners to clear title to their properties
where encroachments occurred. The east one half of Vine Street immediately north of the
subject property between Whidby Avenue and Orcas Avenue was vacated in 1987. That
vacation is the only one in the area that was not approved to clear title. However, the right of
way immediately north of that site, to Orcas Avenue (east portion of Vine Street) was
vacated to clear title to property in 1987. The subject right of way is the only portion of the
east half of Vine Street between Orcas Avenue and Park Avenue not yet vacated.
6. The City's Public Works and Utilities, Fire, Police, and Community and Economic
Development staff reviewed the petition. No objections or concerns were raised as a result of
that review. The right of way in this location is 80'. Public Works and Utilities staff
commented that vacation of the subje��et pei4i ^r�east one hal 30' of the right of way
will not present any transportation or utility issues. The Port Angeles Fire Department noted
that emergency access will not be hindered by the proposed vacation. Community and
07. Utilities are located in the west one half of the right of way. No utilities are found in the east
half of the right of way.
8. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the
proposed vacation of right of way proposal. Land Use Element, Map, Goals, Policies, and
Objectives Element Goal A is relevant to the proposal.
9. The Port Angeles City Council's Real Estate Committee met on August 3, 2009, and
determined that a minimum value should be established for the unopened right of way based
on previous precedent set by vacating other areas of Vine Street for no compensation or $1 to
clear unintended encroachments.
10. The vacating of a street is categorically exempt from the State Environmental Policy Act
(SEPA) review per Section 197-11-800(2)(h) of the Washington Administrative Code.
11. The site was posted regarding the proposed land use action on July 28, 2009, with required
publication appearing in the Peninsula Daily News on July 30, 2009.
12. Consolidation of the right of way following vacation can be accomplished by the filing of a
Zoning Lot Covenant that will combine the vacated property with the abutting lot owned by
the Luceros into one building site.
13. At its August 4, 2009, regular meeting, the Port Angeles City Council established a public
• hearing date by resolution for action on the street vacation petition as September 15, 2009.
14. The Port Angeles Planning commission held a public hearing on the proposed street vacation
on August 26, 2009.
Conclusions:
A. Previous vacations of Vine Street between Orcas Avenue and Park Avenue have been
approved resulting in the subject location being the only portion of the right of way where the
width remains as originally platted - 70'. The City Engineer stated that the full width of right
of way is not needed in this location to facilitate either the current or long range
transportation planning needs of the City because local traffic will continue to utilize the west
one half of the right of way with no change in traffic pattern as a result of the vacation.
B. Emergency service providers (Fire Department) indicated that vacation of the east portion of
right of way as proposed will not prevent access to properties in the area for emergency
purposes or for residential use, nor will such vacation cause a change in access or service to
existing properties.
C. A history of vacation of rights of way in the underlying subdivision is noted due to historic
development and use encroachments into adjacent rights of way and neighboring property
lines. Vacation of the subject right of way will allow the petitioners' to clear title to their
property and provide a standard side yard setback adjacent to a street as is required in the
• Port Angeles Municipal Code for the RS -7 zone. Additionally, the vacation will place
unneeded property on the City's tax roles, therefore being in the public interest.
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D. As conditioned, site consolidation will appropriately combine the vacated right of way with
adjacent residential property to create a conforming building site. is
E. The action is consistent with the goals and policies of the City's Comprehensive Plan
specifically with Land Use Map, Goal, Policies and Objective Element Goal A.
Adopted by the Port Angeles City Council at its regular meeting of September 15, 2009.
Gary Braun, Mayor
Janessa Hurd, City Clerk
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•
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Planning Commission Minutes
August 26, 2009
• Page 3
d. If operations are to be conducted outside of daylight hours, lighting shall be
provided.
e. Weeds, long dry grass, and loose piled combustible material may not be within 10
feet of the tank.
g. A minimum 18 pound fire extinguisher with a B or C rating shall be mounted at
the site.
h. The access road leading to the tank must be suitably maintained to allow for Fire
Department access.
6. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on July 30, 2009. Public notice was mailed to property owners
within 300 feet of the subject property on July 28, 2009. Notice of the proposal was
posted on the site on July 28, 2009. No written comments were received during written
comment period that ended on August 14, 2009.
7. A determination of non significance (DNS) was issued for the proposal per WAC 197-
11-355 on August 20, 2009.
8. The Planning Commission conducted a public hearing on the proposal at the August 26,
2009, regular meeting.
Conclusions:
. Based on the information provided in the Department of Community Development Staff Report
for CUP 09-04 dated August 12, 2009, including all of the information in the public record file,
comments, and testimony presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above listed conditions of approval and listed findings, the
City of Port Angeles Planning Commission hereby concludes that:
1. The proposal is consistent with requirements for approval of a conditional use permit as
specified in PAMC 17.96.050, of the Port Angeles Municipal Code.
2. The permit will enable Associated Petroleum Products to operate a propane facility from
an industrial location to provide a needed service to the Port Angeles area citizens, and
is therefore in public interest.
3. As conditioned, placement of the tank and development of the use on the site will be per
Port Angeles Fire Department requirements to address public safety concerns.
The motion was seconded by Commissioner Beier and passed unanimously.
STREET VACATION PETITION — LUCERO — STV 09-01— Northeast
corner of Vine and Whidby Avenue:,A request to vacate a portion of the east one
half of the right of way in a location here a residential use encroaches into the right of
way.
Associate Planner Scott Johns reviewed the Department Report recommending vacation of the
right of way. Mr. Johns displayed maps of the site and surrounding area using the overhead
• projector to note other rights of way in the Vine Street corridor that have been previously vacated
largely as a result of encroachment. Chair Reiss opened the public hearing.
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Planning Commission Minutes
August 26, 2009
Page 4 •
Cathy Lucero, 509 Whidby Avenue thanked the Commission for their consideration of the
matter and explained that she learned during a prior street vacation hearing regarding the west
half of Vine Street in 2006 that her residence was constructed partially in the right of way. She
said that her residence was one of the first structures to be built in the area and that it was
constructed during the 1920's. Most of what she considered to be her side yard is actually within
the right of way along with approximately 10 feet of her residence. Staff told her that early
surveying errors and poor development practice in the general area caused many encroachments
to occur. Mrs. Lucero would like to obtain ownership to the yard area, but due to likely costs in
a purchase of the property, she asked that at minimum the area her home sits over along with a
minimum side yard be vacated to her to clear title and provide a conforming side yard.
Tina Lipman, 438 Lopez Avenue spoke of a previous vacation petition that was submitted in
2006 requesting vacation of the west half of Vine Street adjacent to the subject right of way. She
reminded Commissioners of the 2006 decision by Council to deny vacation of the west one half
of right of way without prejudice until a new development was completed in the area to
determine traffic needs. She asked that action regarding the subject petition be postponed until a
comprehensive study is done in the area regarding closure of the remaining portion (west) of
Vine Street as well. She believes that the remaining portion of Vine Street, including the entire
west half between Whidby Avenue and Orcas Avenue, should be vacated.
Brief discussion began between Commissioner Caudill and Ms. Lipman as to the City's
Comprehensive Plan designation for the site. Chair Reiss asked Ms. Roberds to clarify the •
correlation. Manager Roberds responded that the City's Comprehensive Plan land use
designation does not play a part in this action. She believed that Mrs. Lipman was simply
referring to a comprehensive look at the matter of vacation of the subject corridor. The
procedure for vacation of right of way is prescribed through the Revised Code of Washington
(RCW) that provides that abutting property owners may seek vacation of right of way for cause.
The petition under consideration is valid as it has been signed by 100% of the abutting property
owners. If valid petitioners wish to revisit the matter of vacation of the west half of Vine Street,
they should do so independently of the subject action.
Patti Toth, 437Lopez Avenue was a petitioner in an earlier (2006) action requesting vacation of
the west half of Vine Street. She and her husband do not object to the vacation as currently
proposed and believe that the petitioner has every right to the property. She stressed the history
of previous vacations approved along the Vine Street corridor approved to clear previous
development encroachment issues. She noted that staff recommended approval of the vacation
petition submitted in 2006 for the west half of Vine Street but, since the Housing Authority's
housing project had not been completed at the time, it was determined by Council that the
petition be denied without prejudice until completion of the housing project when a normal
traffic pattern for the area could be determined. The high speed of traffic in the area remains of
primary concern to all of the neighborhood residents. The matter was discussed at length in
2006 along with the deplorable road condition but no improvements have been made to either
issue. All of the neighbors are concerned about the traffic and yet nothing seems to resolve the
issue.
Patricia Manning, 518 %2 Lopez Avenue is a neighbor to Ms. Lucero's residence. All of Vine •
Street in this location is gravel. She commented regarding Ms. Lucero's careful maintenance of
Planning Commission Minutes
August 26, 2009
• Page 5
her yard that is apparently right of way, and stated that she deserves ownership of the right of
way for no compensation to account for all her years of maintenance. She believed that Ms.
Lucero should have the entire east half of the right of way not just enough to clear her property
encroachment. She was not in favor however, of vacating the west half of Vine Street as
proposed by earlier speakers.
Randy Stone, 437 Lopez Avenue agreed that Ms. Lucero should be able to acquire the entire east
half of Vine Street as it is not needed and has never been used as part of the traveled way. Most
of the east half is already fenced in as yard.
Wendy Hawkins, 504 Lopez agreed that Ms. Lucero should be able to acquire the entire east half
of Vine Street without compensation in payment for the manner in which she maintains the right
of way property. A lot of children live along Vine Street between Whidby and Lopez and traffic
travels way too fast along the corridor. The street is also in very bad condition. No one seems to
care.
There being no further testimony, Chair Reiss closed the public hearing.
Planner Johns noted that, although staff recommended a minimum vacation, staff is not opposed
to vacation of the entire east one half of the Vine Street right of way adjacent to Ms. Lucero's
ownership. No compensation seems logical and fair in this matter and the City's Real Estate
Committee agreed with the policy.
•
Following continued discussion regarding the area of right of way to be included in a
recommendation to Council, Commissioner Beier moved to recommend that the entire east half
of the Vine Street right of way abutting Lot 11, Block 11, PSSC 2"d Addition be vacated due to
unintended encroachment and historic development in the area. The Commissioners also
recommended that no compensation be required for the right of way due to historical
surveying errors, citing the following findings and conclusions in support of the
recommendation:
Condition:
1. Property owned by the petitioners and right-of-way acquired through the subject vacation
shall be combined into one building site per Zoning Lot Covenant prior to the issuance of
quit claim deeds for the right-of-way.
Findings:
1. A petition requesting vacation of a portion of the Vine Street right-of-way situated
immediately north of Whidby Avenue abutting Lot 11, Block 11, Puget Sound Cooperative
Colony's Second Addition (PSCC2) to Port Angeles was submitted on June 23, 2009, by
property owners John and Cathy Lucero.
2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid
• when the vacation of right-of-way is proposed. The subject petition is signed by 100% of the
abutting property owners.
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Planning Commission Minutes
August 26. 2009
Page 6 •
3. The subject area is zoned RS -7 Residential Single Family. The RS -7 zone requires a 13 -foot
side yard abutting a street for residential development. The subject area is developed with
single family structures and a multiple family apartment along the Lopez/Orcas Alley.
4. PSCC2 was filed as a County plat in the late 1800's. The area was annexed into the City in
1961. Many homes in the subdivision were developed during the first portion of the 20I'
Century with the subject residence developed in the early 1920's. The Lucero residence was
constructed in the mid 1920's and encroaches into the adjacent Vine Street right of way some
10' along the west side of the structure.
5. Historic development in PSCC2 has resulted in many encroachments onto neighboring
properties and into rights of way largely due to some initial incorrect surveys and lack of
surveys in the area. Vacations of the Vine Street right of way south of Whidby Avenue to
Park Avenue have resulted in that entire portion of right of way being vacated between 1979
and 1997. Vacations were approved to allow property owners to clear title to their properties
where encroachments occurred. The east one half of Vine Street immediately north of the
subject property between Whidby Avenue and Orcas Avenue was vacated in 1987. That.
vacation is the only one in the area that was not approved to clear title. However, the right of
way immediately north of that site, to Orcas Avenue (east portion of Vine Street) was
vacated to clear title to property in 1987. The subject right of way is the only portion of the
east half of Vine Street between Orcas Avenue and Park Avenue not yet vacated. •
6. The City's Public Works and Utilities, Fire, Police, and Community and Economic
Development staff reviewed the petition. No objections or concerns were raised as a result of
that review. Public Works and Utilities staff commented that vacation of the subject portion
of the east one half of the right of way will not present any transportation or utility issues.
The Port Angeles Fire Department noted that emergency access will not be hindered by the
proposed vacation. Community and Economic Development had no issues to report. The
Police Department did not comment.
7. Utilities are located in the west one half of the right of way. No utilities are found in the east
half of the right of way.
8. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the
proposed vacation of right of way proposal. Land Use Element, Map, Goals, Policies, and
Objectives Element Goal A is relevant to the proposal.
9. The Port Angeles City Council's Real Estate Committee met on August 3, 2009, and
determined that a minimum value should be established for the unopened right of way based
on previous precedent set by vacating other areas of Vine Street for no compensation or $1 to
clear unintended encroachments.
10. The vacating of a street is categorically exempt from the State Environmental Policy Act
(SEPA) review per Section 197-11-800(2)(h) of the Washington Administrative Code.
•
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Planning Commission Minutes
August 26, 2009
• Page 7
11. The site was posted regarding the proposed land use ction on July 28, 2009, with required
publication appearing in the Peninsula Daily News on July 30, 2009.
12. Consolidation of the right of way following vacation can be accomplished by the filing of a
Zoning Lot Covenant that will combine the vacated property with the abutting lot owned by
the Luceros into one building site.
13. At its August 4, 2009, regular meeting, the Port Angeles City Council established a public
hearing date by resolution for action on the street vacation petition as September 15, 2009.
14. The Port Angeles Planning commission held a public hearing on the proposed street vacation
on August 26, 2009.
Conclusions:
A. Previous vacations of Vine Street between Orcas Avenue and Park Avenue have been
approved resulting in the subject location being the only portion of the right of way where the
width remains as originally platted - 70'. The City Engineer stated that the full width of right
of way is not needed in this location to facilitate either the current or long range
transportation planning needs of the City because local traffic will continue to utilize the west
one half of the right of way with no change in traffic pattern as a result of the vacation.
• B. Emergency service providers (Fire Department) indicated that vacation of the east portion
of right of way as proposed will not prevent access to properties in the area for
emergency purposes or for residential use, nor will such vacation cause a change in
access or service to existing properties.
C. A history of vacation of rights of way in the underlying subdivision is noted due to
historic development and use encroachments into adjacent rights of way and neighboring
property lines. Vacation of the subject right of way will allow the petitioners' to clear
title to their property and provide a standard side yard setback adjacent to a street as is
required in the Port Angeles Municipal Code for the RS -7 zone. Additionally, the
vacation will place unneeded property on the City's tax roles, therefore being in the
public interest.
D. As conditioned, site consolidation will appropriately combine the vacated right of way
with adjacent residential property to create a conforming building site.
E. The action is consistent with the goals and policies of the City's Comprehensive Plan
specifically with Land Use Map, Goal, Policies and Objective Element Goal A.
The motion was seconded by Commissioner Powers and passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
• None
J-11
F- 0
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TO: Planning Commissioners
FROM: Scott K. Johns, Associate Planner
DATE: August 26, 2009
RE: STV 09-01
PETITIONERS/ John and Cathy Lucero
OWNERS: Same
REQUEST: Vacation of a portion of Vine Street located at the northeast corner of Whidby
and Vine Streets.
•
DEPARTMENT RECOMMENDATION:
The Department of Community & Economic Development recommends that the Planning
Commission forward a recommendation of approval to the City Council of street vacation petition
STV 09-01 based on 1 condition, 15 fmdings, and 5 conclusions found in Attachment "A" to this staff
report.
BACKGROUND:.
A petition was filed requesting vacation of a portion of Vine Street abutting Lot 11, Block 11,
Puget Sound Cooperative Colony, 2n Addition to Port Angeles. The petitioners own 100% of the
abutting property. The single family residence at this location was constructed encroaching onto the
subject right-of-way in the 1920's. A good portion of the right-of-way has been used as part of that
residential ownership since that time. Access to neighborhood properties and for the general public
through the neighborhood will continue to be via the established traffic route that is generally situated
within the westernmost portion of the right of way. The right of way in this location is 70' in width.
DEPARTMENT REVIEW AND PUBLIC COMMENT:
The Public Works and Utilities Department has no objection to the proposed street vacation. The City
will retain the remainder of the right of way immediately abutting the subject area. No utilities exist
in the east one half of the right of way and future improvement to Vine Street will not be limited if the
right of way is vacated to clear the encroachment and provide a minimum side yard abutting a street. •
J-12
Community & Economic Development Department Staff Report August 26, 2009
STV 09-01— Lucero
Page 2
. The Fire Department has no objection to the proposed street vacation.
The Police Department made no comment on the proposed street vacation.
Areas of potential impact of the proposal are summarized as follows:
Trak Patterns: Established traffic patterns in the area will not be affected by the
vacation because daily traffic in the corridor normally funnels along the western portion of the
street because the eastern portion of Vine Street between Whidby Avenue and Lauridsen
Boulevard has been previously vacated except the subject property. Vine Street is a minimally
maintained gravel surfaced roadway between Whidby Avenue and Lauridsen Boulevard.
Development Patterns: The proposal will not adversely impact existing development in
the area. Development patterns in the parent subdivision (Puget Sound Cooperative Colony's
2nd Addition) have historically resulted in encroachment issues. Some unusual property issues
were caused by errors in early surveys, some appear simply to have been use issues. Most of
Vine Street (both sides) south of the subject area has been vacated due to historic
encroachment issues.
Environmentally Sensitive Areas: No environmentally sensitive areas exist in the
vicinity of the proposed street vacation.
Public Health, Safety and Welfare: Vacation of the proposed right-of-way will not
interfere with the public's health, safety, welfare. The right-of-way has no value to the City as
public space and returns no revenue in the form of taxes while in public ownership. Due to the
long standing residential encroachment and previous vacations in the corridor, widening. the
• road development to full width is not likely.
PUBLIC NOTIFICATION:
Notice of the petition filing was published in the Peninsula Daily News on July 30, 2009. The
site was physically posted on July 28, 2009, regarding the proposed action. At this writing, no
written comments have been received.
COMPREHENSIVE PLAN AND ZONING ORDINANCE:
The subject property is designated Low Density Residential (LDR) on the
Comprehensive Plan Land Use Map, and RS -7 on City's Zoning Map. The
Comprehensive Plan was reviewed in its entirety in consideration of the proposed street
vacation. Specific goals and policies found to be most relevant to the proposal are identified in
Attachment "C" to this staff report.
ENVIRONMENTAL REVIEW:
The vacating of a street is categorically exempt from the State Environmental Policy Act
(SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
This action constitutes a recommendation to the City Council. The City Council has
scheduled a public hearing for consideration of the petition at the September 15, 2009, regular
meeting.
Attachments: A . Petition and previous vacation map
B. Condition, findings, and conclusions in support of street vacation
• C. Comprehensive Plan and zoning information
J-13
Community & Economic Development Department Staff Report August 26, 2009
STV 09-01— Lucero
Page 5
ATTACHMENT B •
COMPREHENSIVE PLAN and ZONING ORDINANCE
COMPREHENSIVE PLAN
The subject property is designated as Low Density Residential (LDR) on the City's
Comprehensive Plan Land Use Map.
The Comprehensive Plan was reviewed in its entirety in consideration of the proposed street
vacation, and the following goals and policies were found to be most relevant to the proposal:
Land Use Map Goal, Policies, and Objective
Goal.4 - To guide current and future development within the City in a manner that provides
certainty to its citizens about future land use and the flexibility necessary to meet the challenges and
opportunities of the future.
ZONING:
The site and surrounding areas are zoned RS -7 Residential Single Family (RS -7) on the City's
Zoning Map. The purpose of the RS -7 Zone is:
"This is a low density residential zone intended to create and preserve urban single family
residential neighborhoods consisting of predominantly single family homes on standard Townsite-size
lots. Uses which are compatible with and functionally related to a single family residential
environment may also be located in this zone. " •
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CITY OF PORT ANGELES
STREET VACATION PETITIOTD(� ( UN 2 3 2009
TO: The Cit Council of the Cit of Port Angeles: CITY co PORTAevelop 6
. y y g Dept, of Community Development
We, the undersigned petitioners, request that the following described part of
in. the City of Port. Angeles be vacated pursuant to Chapter 35.79 RCW. The
right-of-way. is legally described as:
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There are _j_ ownersof property abutting said right -of --way. The undersigned petitioners are
the owners of interest.in real, estate abutting the above described area'..
Name
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Address
The undersigned petitioners. constitute more than .two-thirds .of the owners of said, abutting
property. WHEREFORE, the petitioners prays that proceedings be had hereon for the vacation of
said area of..��J-, c .�
Respectfully submitted,
NAME PHONE NO.
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DATE
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NGELES
Date: September 15, 2009
To: CITY COUNCIL
From: Glenn A. Cutler, Director of Public Works & Utilities
Subject: Bonneville Power Administration Wholesale Power Rate Adjustments
Summary: The Bonneville Power Administration released its final record of decision on wholesale
power rates. The City was offered a new "stepped -rate" option to implement half of the rate
increase this October and the remainder next October.
Recommendation: Accept the Bonneville Power Administration's posted wholesale power
rates.
Background/Analysis: On July 21, 2009, the Bonneville Power Administration (BPA) released its
final record of decision on wholesale power rates, which included a regional "average" rate increase
of around 7%. Staff estimates the posted wholesale power rate will increase the City's total cost of
BPA purchases by roughly $1,884,000/year.
The BPA will implement its posted wholesale power rate increase on October 1, 2009, which will
remain in effect through September 2011. BPA is providing the City a new wholesale power
"stepped -rate" option, where the City could implement half of the rate increase this October and the
remainder next October. This option includes the BPA's time value of money and should result in
similar total revenues to the BPA. Staff consulted with the City's Industrial Transmission rate class
customer on this matter, which represents about 60% of City wholesale power purchases.
The BPA used a 4.7% discount rate in calculating its time value of money for the stepped -rate
option. The stepped -rate option may be preferable if 1) the City had an alternative short-term
investment opportunity with a yield greater than 4.7%, 2) the City did not have adequate cash
reserves, or 3) it was preferred by the City's Industrial Transmission rate class customer. The
Electric Utility cost of service study, which included the estimated retail rate impacts of the
wholesale power rate increase, confirmed that the City would incur higher wholesale power costs
under the stepped -rate option. If the City selects the stepped -rate option, a commitment to the BPA
must be made no later than September 18, 2009 and an amendment to the Power Sales Agreement
would be required.
On September 8, 2009, the Utility Advisory Committee forwarded a favorable recommendation to
City Council to accept the BPA's posted wholesale power rates.
N: ICCOUNCIVFINALIBonneville Power Administration Wholesale Power Rate Adjustments. doc
K-
GELES
Date: September 15, 2009
To: CITY COUNCIL
From: Glenn A. Cutler, Director of Public Works & Utilities
Subject: Northwest Energy Efficiency Alliance Contribution
Summary: The Conservation Rate Credit program ends on September 30, 2009. While the amount
of unspent dollars in the conservation program's budget has decreased significantly during the past
six months, the City has a choice on how to deal with the residual balance when the program
terminates: 1) Return money to the Bonneville Power Administration or 2) Provide a contribution to
the Northwest Energy Efficiency Alliance supporting regional energy efficiency programs.
Recommendation: Authorize a contribution to the Northwest Energy Efficiency Alliance in an
amount up to $150,000.
Background/Analysis: The current Bonneville Power Administration (BPA) Conservation Rate
Credit (CRC) program ends on September 30, 2009. While the amount of unobligated dollars in the
City's conservation program budget has decreased significantly during the past six months, a choice
must be made on how to deal with the residual balance of $125,000-$150,000 before the CRC
program concludes at the end of the month.
Staff has identified two specific options the City could use: 1) Return the money to the BPA, or 2)
Provide a contribution to the Northwest Energy Efficiency Alliance (NEEA) that supports regional
energy efficiency programs (please see the attachment for NEEA background information).
In the event Option 1 is exercised, the funds would simply revert back to the BPA with no regional
or local benefits to the City's conservation program. In the event that Option 2 is exercised, regional
benefits will occur and the City will be able to claim the contribution amount under the CRC and
75% of the associated energy savings (approximately 0.20 average MW) would be credited towards
the City's upcoming Tiered -Rate High Water Mark. If the contribution is made, NEEA will be
responsible for funding regional energy efficiency initiatives that result in substantiated energy
savings. NEEA will also be required to provide a report to the City documenting how the funds were
spent no later than October 31, 2010.
On September 8, 2009, the Utility Advisory Committee forwarded a favorable recommendation to
City Council to authorize a contribution to the NEEA in an amount up to $150,000.
K-2
N: ICCOUNCMF/NALWorthwest Energy Efficiency Alliance (NEER) Contribution.doc
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OUR HISTORY
The Northwest Energy Efficiency Alliance (NEEA) was
founded in 1996 through funding provided by Northwest
utilities to encourage the development and adoption of
energy-efficient technologies and business practices. Local
utilities decided that by collaborating under the banner of
NEEA they could have a greater influence on the regional
marketplace, helping them more quickly achieve their
energy efficiency goals. The nonprofit organization is
supported by electric utilities, Bonneville Power Administration,
Energy Trust of Oregon, state governments, and energy
efficiency industry representatives in Idaho, Montana,
Oregon and Washington.
NEEA was founded to complement, not replace, the strong
assets of local utility energy efficiency programs. Through
the combined effort of energy consumers, utilities, Bonneville
Power Administration and Energy Trust of Oregon, the
Northwest is viewed as a national leader in energy efficiency.
Energy efficiency is simply using energy more efficiently—
getting more out of the same kilowatt-hour of electricity.
While our own energy use is something we often take for
granted, the production of energy has societal costs and
environmental impacts. Using products and services that
employ energy-efficient technologies is a way every person
and business can reduce those impacts, lower energy bills,
and in many cases, increase the productivity, comfort and
livability of the home or workplace.
Saving a kilowatt-hour of electricity through energy efficiency
is the most cost-effective way to meet the growing demand for
energy in the region. The alternative is building new power
plants and distribution lines. Energy efficiency is also the
most fiscally and eco -responsible way to save energy. Because
of this, it should be considered our first priority as a region.
NEEA is currently funded directly by 12 electric utilities,
the Bonneville Power Administration and Energy Trust of
Oregon. These investments are pooled and used to fund
region -wide energy efficiency projects.
By the end of 2007, the Northwest region had saved 210
average megawatts through NEEAs market transformation
initiatives and other related utility and state efforts. This is
enough electricity to power more than 145,000 homes for a
year. In addition to the environmental benefits, the
economic benefits of energy efficiency touch all residents
and businesses in the region. Saving energy and reducing
costs helps boost local economies by freeing up money
for Northwest consumers and businesses.
K-3
MARKET TRANSFORMATION •
At the highest level, NEEA uses a strategic process called "market transformation" to help change
behaviors and business practices within the residential, commercial and industrial sectors. Market
transformation involves identifying and removing market barriers, and exploiting opportunities
to accelerate the adoption of energy efficiency as standard practice.
NEEA leverages the resources and influence of its partners in order to achieve regional
economies of scale for energy-efficient products and services. By working together, we are
able to have a greater impact on the Northwest marketplace.
New technologies ready for commercialization are brought to the Northwest where NEEA
works to encourage market adoption of these energy-efficient products and services.
Regional resources including market strategies, relationships with experts in the marketplace, •
as well as training and marketing platforms provide additional opportunities for NEEA's
partners to connect with their customers.
Northwest Energy E`ficienry Alliance 529 SW Third Avenue, Suite 600 Portland, Oregon 97204 _
503-827-8416 800-411-0834 503-827-8437 (Fax) www.nwalliance.org
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� 1 EKES 1
DATE: September 15, 2009
TO: CITY COUNCIL
FROM: Glenn A. Cutler, Director of Public Works & Utilities
SUBJECT: Post -Closure Landfill Consultant Agreement Amendment no. 1
Summary: In October 2008, the City entered into an agreement with Aspect Consulting to provide
engineering services in support of the Port Angeles Landfill Post -Closure Permit requirements. It is
necessary to amend the agreement to cover unforeseen costs for 2009, add tasks, and extend the
agreement through 2010.
Recommendation: Approve and authorize the Mayor to sign Amendment No. 1 to the
Consultant Agreement with Aspect Consulting for Landfill Engineering in an amount not to
exceed $12,000 in 2009 and $115,100 in 2010, which increases the maximum compensation under
the agreement from $58,000 to $185,100, and authorize the City Manager to make minor
modifications to the agreement. if necessarv.
Background/Analysis: The thirty-year post -closure phase of the Port Angeles Landfill (Landfill)
began in 2008, after the last two cells of the landfill were covered and the seawall at the beach was
constructed in 2007. Management of the Landfill is regulated through the Solid Waste Post -Closure
Permit (SLW08-0001) issued by Clallam County Environmental Health Services (CCEHS), working in
close cooperation with Washington Department of Ecology (DOE). The Permit covers the entire
Landfill, and addresses the different regulations that pertained at the time to the particular parts of the
landfill that were in operation. The Permit was issued on August 29, 2008 and was amended on April
15, 2009.
With this new post -closure phase, additional groundwater wells were added along the beach, and new
requirements were established.for monitoring the seawall and beach morphology. Groundwater and
leachate monitoring was required by CCEHS and DOE at the Landfill in the past, and associated
sampling, analysis, and documentation continues under the new permit. In addition, there are various
annual requirements for surface water quality, air quality, minimizing explosive gases, bird control, and
documentation of inspection and maintenance activities.
In October 2008, the City entered into an agreement with Aspect Consulting to provide engineering
services in support of Post -Closure Permit requirements. Costs incurred this first year of the permit
have exceeded the estimated amounts, in part because CCEHS and DOE permit requirements were
increased when the Post -Closure Permit was amended in April 2009, and this was the first year of
complying with all annual permit requirements.
NXCOUNCILFINALPost Closure Landfill Consultant Agreement Amendment Ldoc
K-5
September 15, 2009 City Council
Re: Post Closure Landfill Consultant Agreement Amendment No. 1
Page 2
Amendment No. 1 is intended to cover additional costs, and extend the consultant agreement through
2010. The tasks to be accomplished in 2010 are similar to the 2009 requirements, except that a macro -
algae survey is required in 2010. Budgets for the 2010 groundwater monitoring reports have been
adjusted consistent with the 2009 experience.
A summary of the original and proposed tasks and budgets under the Agreement and Amendment No.
1 is attached for more information. A description of the proposed tasks is also included in the
attachment.
Funding for the proposed amendment is available from the Solid Waste Landfill Post -Closure Fund.
The notice to proceed for 2010 work will not be issued until after approval of the City's 2010 budget.
The Utility Advisory Committee, at its September 8, 2009 meeting, forwarded a favorable
recommendation to City Council to approve and authorize the Mayor to sign Amendment No. 1 to the
Consultant Agreement with Aspect Consulting for Landfill Engineering in an amount not to exceed
$12,000 in 2009 and $115,100 in 2010, which increases the maximum compensation under the
agreement from $58,000 to $185,100.
Attachment: Summary of original and proposed tasks and budgets and a description of the proposed
tasks
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Summary of Tasks and Budgets for Amendment No. 1
Task
No.
Description
Original
Amount
Amended
2009
Budget
Proposed
2010
Budget
Total
Amended
Amount
1.1
Groundwater Monitoring Reports
1.1.1
Biannual Reports
$6,500
$17,100
$9,000
$26,100
1.1.2
Annual Groundwater Report
$13,500
$23,800
$19,600
$43,400
1.1.3
2008 Seawall Fluid Report
$8,000
$8,000
$7,500
$15,500
1.2
Seawall Monitoring Report and
Beach Monitoring
1.2.1
Analysis of data and Tech Memo
$9,000
$9,800
$5,000
$14,800
1.2.3
Annual Beach Morphology Report
$8,000
$10,300
$8,000
$18,300
2
Maintenance Support
$13,000
$1,000
$5,000
$6,000
3
Macro -Algae Survey
-
-
$61,000
$61,000
Totals
$58,000
$70,000
$115,100
$185,100
Description of Proposed Tasks for Amendment No. 1
Task 1.1 Groundwater Monitoring Reports
Biannual Reports are due 60 days after samples are taken in the Spring and Fall. A second biannual
report is a new requirement from the County that was not originally included in the Post -Closure
• Permit. The Annual Report is due in April of each year, and documents all samples, analyzes results,
and makes recommendations to preserve environmental quality and responsibly manage the landfill.
The cost over -runs for these reports were due to a new analytical lab for the second report and lengthy
QA/QC of the lab data, additional analyses involving the timing of sampling at the new beach wells to
minimize the tidal seawater influence, and time required to respond to DOE comments.
The 2008 Seawall Fluid Report analyzed the fluid that collects behind the wall above the beach. Based
on the sample results another round of sampling was done in 2009 and a 2009 Seawall Fluid Report
will be produced in 2010.
Task 1.2 Seawall Monitoring Reports and Beach Monitoring
Two technical memos analyzed beach transect data taken in November 2008 and May 2009. Comments
from DOE have not yet been received on the Annual Beach Morphology report. Site inspections and
survey work were not a part of the original scope of the agreement, but are needed to complete the
required Report.
Task 2 Maintenance Support
No charges to this category yet. Beach Nourishment in front of the seawall is required in 2009, and
staff is completing the design and permitting with minimal assistance from the consultant to
compensate for the extra consultant effort required to complete the Groundwater Reports.
Task 3 Macro -Algae Survey
A macro -algae survey is required in 2010. A baseline macro -algae survey was done in 2006 and the
• permit requires post -closure surveys to be completed in 2010 and 2012.
N:\CCOUNCIL\FINALTost Closure Landfill Consultant Agreement Amendment Ldoc K — 7
NGELES
Date: September 15, 2009
To: CITY COUNCIL
From: Glenn A. Cutler, Director of Public Works & Utilities
Yvonne Ziomkowski, Finance Director
Subject: Low -Income Home Heating Energy Vendor Agreement
Summary: Each year the Olympic Community Action Programs requests the City to approve a
Low -Income Home Heating Energy Vendor Agreement. The proposed agreement provides federal
funding from the Low -Income Home Energy Assistance Program to the City for the benefit of its
utility customers that have difficulty paying their electrical charges.
Recommendation: Authorize the City Manager to accept the 2009 Low -Income Home Heating
Energy Vendor Agreement with Olympic Community Action Programs.
Background/Analysis: Each year the Olympic Community Action Programs (OLYCAP) receives
funds from the Federal Government. The funds provided through the Low -Income Home Energy
Assistance Program (LIHEAP). The LIHEAP funds are dispersed by OLYCAP to the City to help
pay electrical charges due from Port Angeles utility customers. A total of 474 City utility customers
received approximately $160,000 in LIHEAP benefits last year. As required by the Federal
Government, OLYCAP must obtain a Low -Income Home Heating Energy Vendor Agreement with
each LIHEAP energy vendor such as the City. The basic terms of the proposed agreement are as
follows:
• OLYCAP will receive customer LIHEAP applications and determine eligibility and benefit
amount for each customer and notify the City and customer.
• Upon City request, OLYCAP will provide a statement verifying a City utility customer's
income for the sole purpose of determining customer eligibility to be protected by Winter
Moratorium laws, which govern the City's collection procedures on past due utility bills during
winter months.
• Upon OLYCAP request, the City will provide electric consumption reports so they can
determine a customer's LIHEAP benefit. The benefit is determined by number of people in the
household, household income, and amount billed for electricity during the previous 12 months.
The benefit ranges from $25 to $1000 per household.
• The City extends credit to customers based on the benefit amount until the amount is actually
paid by OLYCAP to the City.
C:\DOCUME—1\tpierce\LOCALS-1\Temp\XPgrpwise\Low-Income Home Heating Energy Vendor AgreementKmgPB
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Low Income Home Heating Energy Vendor Agreement
• September 15, 2009
Page 2
OLYCAP also assists Port Angeles utility customers pay their utility bills with "Pass the Buck" and
"Home Fund" funds, and offers weatherization programs to qualifying low-income families.
Staff recommends that City Council authorize the City Manager to accept the 2009 Low -Income
Home Heating Energy Vendor Agreement with Olympic Community Action Programs.
Attachment: Response to LIHEAP Questions from Councilmember Williams
Proposed 2009 Low -Income Home Heating Energy Vendor Agreement
is
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IIES
DATE: SEPTEMBER 15, 2009
TO: CITY COUNCIL
FROM: YVONNE ZIOMKOWSKI, FINANCE DIRECTOR
GLENN CUTLER, PUBLIC WORKS & UTILITIES DIRECTOR
SUBJECT: RESPONSE TO LIHEAP QUESTIONS FROM COUNCILMEMBER WILLIAMS
Following is a response to questions raised by Councilmember Williams related to the Low -
Income Home Energy Assistance Program (LIHEAP) that was discussed at the September 1
Council Meeting.
To clarify, LIHEAP is a federal program, administered by the State Department of Commerce
(formerly Community, Trade, & Economic Development). , OLYCAP is allowed to disburse direct
service payments from October 1 through August 31, if funds are available. LIHEAP is a "first
come -first serve" program and obviously the need is greater than the funds. Usually LIHEAP is
totally expended by the end of March; but the past year was exceptional due to the inordinately
high level of funding received.
1. During the last LIHEAP season, October 2008 through June 2009, the City received over
$160,000 in assistance to 474 households. I have attached collection statistics.
Without this program, the City would see more customers asking to be put on the winter
moratorium and more households would not be able to pay their higher winter bills, resulting in
loss of revenue to the City.
2. The winter moratorium law is printed on the backside of the delinquent notice. For the last 20
years I have seen only four or five households ask to be put on the moratorium. Staff does not sell
the moratorium and tries to be as reasonable as possible in making payment arrangements to get
customers through the winter months. Most customers pay more than the moratorium requires.
When making payment arrangements, staff takes into consideration how much a household has
received from the LIHEAP program in the past. Other help agencies are also available to assist in
making payments during the winter, and we do require customers to check with those agencies.
Those agencies are St Vincent de Paul (Catholic Church), Manna (Protestant Churches), The
•
C:\DOCUME—I\tpierce\LOCALS—I\Temp\XPgrpwise\LIHEAP memo 090409.doc 0
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Veterans, Salvation Army, Senior Info and Assistance, DSHS, Pass the Buck, the Home Fund
• administered by OLYCAP, and other churches and agencies.
Generally the winter moratorium law works like this:
• Within five days of receiving a disconnect notice, the customer notifies the utility that they
are unable to pay the electric bill.
• The Customer Service Manager and OLYCAP verify the household income, which must be
at or below 125% of the federal poverty limit in order to qualify.
• The customer must apply for all assistance available.
• The customer must pay a minimum of 7% of their monthly income and 1/12 of the arrears
(past due charges).
• If a customer does not keep all of the above requirements, the power is disconnected. The
utilities will not be reconnected until all requirements have again been satisfied.
• The customer must have all arrears paid by the following October or they cannot apply for
moratorium protection the following winter.
Staff tries to avoid using the moratorium as much as possible because monitoring and
administration requires a lot of manual oversight and payments are minimal. Payment
arrangements are made to get a customer to pay as much as reasonably possible. Power is cut
in the winter, but staff is more lenient in making payment arrangements for reconnections in
order to avoid having the customers seek moratorium rights.
3. Both OLYCAP and the City require the customer to continue to make payments on the utility,
bills during and after the LIHEAP award amount is determined.
• If the customer receives a LIHEAP award, the award amount is considered when determining how
much the customer is past due or the total amount owed. For instance, if a customer's total bill is
$300 with a past due amount of $200 and LIHEAP will pay $150, we tell the customer that their
total bill is $150 with a past due amount of $50. It takes up to 30 days to receive the LIHEAP
award payment from OLYCAP after it is determined.
The City is notified of the amount of the award as soon as it has been determined. This notice is
considered a "guarantee" by OLYCAP on behalf of the customer.
For up to thirty days we credit the account with the amount when determining account balances.
We have to figure this into the balance each time we manually review an account. Delinquent
interest is applied and delinquent notices continue to be sent to the customer until the payment is
received.
LIHEAP awards are determined by:
1. Number of people in the household
2. Amount of income in a household for previous 90 days
3. Total electric consumption during the past 12 months (especially during the winter months)
and the cost of it
4. If a customer does not have a year's worth of consumption history at the current residence,
OLYCAP will use either the history at that residence or a "backup heat cost" provided by
the State as a standard formula to use to determine the award amount.
• C:\DOCUME—I\tpierce\LOCALS-1\Temp\XPgrpwise\LIHEAP memo 090409.doc
K-11
4. OLYCAP has a weatherization program as well the City, although it is not a requirement in •
order to receive LIHEAP funds. The City contacted all discount customers that own their homes
and provided weatherization to those homes. The City is now in the process of contacting
landlords of discount customers to weatherize those homes. The OLYCAP Weatherization
program currently prioritizes homeowners (speak w/Dan DiGiulio for additional information, if
necessary).
5. The City losses would be much greater without this program. Many customers are simply unable
to pay their high winter utility bills. Without this program, customers would have no choice but to
be placed on the Winter Moratorium guidelines, which would result in greater revenues losses to
the City. OLYCAP works closely with their clients to get them through the winter. They act as
counselors as well as administrators of funds. Although it takes City staff minimal time to help
OLYCAP administer the funds, the payback in the long run saves City administration on collection
accounts. We do not have to cut and reconnect as much power, manually administer moratorium
guidelines, and collect on as many past due bills. In my twenty years of experience, this Program
has proven it greatly helps the City and community.
6. In my opinion, monitoring collection accounts requires more personnel than we currently have
available. Last year, LIHEAP helped 474 households and as a result, most were not cut for non-
payment. There is a large low income community in Port Angeles. LIHEAP does not create
collection accounts, but rather decreases them. For many of our low income customers, it is not a
matter of if we lose money, but how much we will lose. LIHEAP helps minimize that amount.
7. The question is asked why the LIHEAP Agreement states the program will only make payments •
between October 1 and August 31, excluding September. The answer is, the time period covered
Is dependent on the amount of money OLYCAP receives from the Federal government. Last year
the period covered was from December through June.
Basically what the Agreement is trying to say is that a concerted effort will be made to pay the
awards in a timely manner. In the past two years, it took about 30 days for the City to receive the
money after the award was determined. Previous years it took up to 90 days. I expressed concern
regarding the time it took to receive payment and OLYCAP adjusted its administration to meet my
concern.
C:\DOCUME—I\tpierce\LOCALS—I\Temp\XPgrpwise\LIHEAP memo 090409.doc
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•
:;,. o, yrn�.o Cc ��„aaroz��cActlon P,m�,mme
803 W. Park Avenue, Port Townsend, WA 98368
Telephone (360) 38502571 Fax (360) 385-5185
LOW-INCOME HOME HEATING ENERGY VENDOR AGREEMENT
This agreement dated as of Auqust 6, 2009 , is
entered into by and between Olympic Community Action Programs, (Agency)
and City of Port Anaeles , a supplier
of home heating energy, (Vendor).
PURPOSE
Funding for Low -Income Home Energy Assistance Program (LIHEAP) payments
is governed by Federal Law 42 U.S.C. 8624: Low -Income Home Energy
Assistance Act of 1981, and subsequent amendments. This act requires that
• certain assurances be satisfied before energy assistance payments are made on
behalf of eligible individuals to suppliers of home heating energy. This
agreement defines the conditions that the Energy Vendor must agree to so that
the Agency can make energy assistance payment to the Energy Vendor on
behalf of eligible households.
AGENCY RESPONSIBILITIES
The Agency shall:
1. Accept and review client applications and determine eligibility of
households for 'LIHEAP payments,
2. Follow procedures that minimize the time elapsing between the receipt of
LIHEAP funds and their disbursement to Vendor.
3. Make payments in a timely manner to the Vendor on behalf of eligible
households between October 1 and August 31 of the program year for the
term of this agreement.
4. Follow sound fiscal management policies, including, but not limited to
segregation of LIHEAP funds from other operating funds of the Agency.
•
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5. Notify customer and/or Vendor of the customer's eligibility and total benefit •
amount.
6. Incorporate policies that assure the confidentiality of eligible households'
energy usage, balance and payments.
7. Upon request from Vendor, provide a statement verifying income of an
eligible household for the sole purpose of determining moratorium
eligibility within the statutory guidelines of confidentiality.
ENERGY VENDORS RESPONSIBILITIES
The Energy Vendor shall:
1. Immediately apply the benefit payment to customer's current/past due bill,
deposit/reconnect requirements, or delivery of fuel to eliminate the amount
owed by the customer for a period determined by the amount of the
benefit, or;
2. Apportion the LIHEAP over several billing periods to reduce the amount
owned by the customer until the benefit is exhausted, or;
3. Establish a line of credit for the customer to be used at the discretion of •
the customer until the benefit is exhausted.
4. Notify the customer of the amount of benefit payments applied to the
customer's billing.
5. Keep customer records confidential.
6. Maintain records for four years from the date of this agreement, or longer
if the energy Vendor is notified that a fiscal audit for a specific program
year is unresolved.
7. Not treat adversely or discriminate against any household that receives
LIHEAP payments, either in the cost of the goods supplied or the services
provided.
8. Upon request of the agency, provide eligible customer's energy
consumption history for the sole purpose of determining customer benefit.
9. Comply with the provisions of the State law regarding winter disconnects
and pertinent provisions of the Washington Administrative Code related to
the winter moratorium, if governed by that ruling.
•
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(. 10. Make records available for review by authorized staff of the agency and
the Department of Commerce, and the U.S. Department of Health and
Human Services.
REQUIRED RECORDS FOR AUDIT PURPOSES
The Vendor will keep records showing the following:
1. Name and address of household who received LIHEAP payments
2. Amount of assistance accrued to each household
3. Source of payment (Energy Assistance, Project Share, etc)
4. Amount of the household's credit balance when the benefit payment
establishes a line of credit. This credit balance also needs to show on all
customer billing documents
CREDIT BALANCES
• In the event that a customer has a credit balance and no longer needs service
from the energy Vendor, the vendor shall:
Forward a check in the amount of any remaining credit balance directly to
the customer, or if directed by the customer, forward a two-party check for
this balance to the customer in the customer's name and the name of the
new home heating energy Vendor
2. If the customer dies leaving a credit balance resulting from a LIHEAP
payment, the remaining credit becomes part of the customer's estate
3. The energy Vendor shall dispose of all unclaimed credit balances
according to customaryprocedures or applicable Washington State law
OTHER PROVISIONS
Term of Agreement
This agreement is effective from the date of execution for the current heating
season which is defined as October through August and must be renewed on an
annual basis.
0 Termination
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This agreement may be terminated by either party with a thirty (30) day written
notice to the other party. Termination shall not extinguish authorized obligations
incurred during the term of the agreement. If LIHEAP funding is withdrawn,
reduced or eliminated by the Department of Commerce, the agency has the right
to terminate this agreement immediately.
Assignment of Agreement
Neither party may assign the agreement or any of the rights, benefits and
remedies conferred upon it by this agreement to a third party without the prior
written consent of the other party, which consent shall not be unreasonably
withheld.
The Vendor and the Agency do hereby agree to the conditions set forth in this
agreement. '
Agency
I .
Signature
Timothy L. Hockett
Printed Name
Executive Director
Title
Olympic Community Action Programs
Name of Company
Date
Vendor
Signature
Printed Name
Title
Name of Company
Date
HOME HEATING ENERGY VENDOR AGREEMENT
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•
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1.
is
•
CITY COUNCIL MEETING
Port Angeles, Washington
September 1, 2009
CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:03
REGULAR MEETING: p.m.
ROLL CALL: Members Present:
Mayor Braun, Deputy Mayor Wharton, and Councilmembers
Di Guilio, Kidd, Perry, and Williams.
Members Absent:
Councilmember Rogers.
Staff Present:
Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, T.
Gallagher, D. McKeen, Y. Ziomkowski, and S. Roberds.
Public Present:
Harry Bell, Edna Petersen, Gary Kenworthy, Shirley Nixon,
R.J. Nixon, Brooke Nelson, Patrick Downie, and Alan
Barnard. All others present in the audience failed to sign the
roster.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Deputy Mayor Wharton
ALLEGIANCE:
PUBLIC CEREMONIES/ Mayor Braun started the meeting off by introducing the new City Clerk, Janessa Hurd.
PRESENTATIONS &
EMPLOYEE 1. Public Safety Awareness Week Proclamation
RECOGNITIONS:
Mayor Braun read a proclamation recognizing Public Safety Awareness Week for the
Public Safety Awareness week of September 11'. The proclamation was accepted by the Chair of the Public
Week Proclamation Safety Tribute Committee, Alan Barnard, who was joined by Police Chief Gallagher and
Fire Chief McKeen.
Port Angeles Regional 2. Port Angeles Regional Chamber of Commerce Update
Chamber of Commerce
Update Russ Veenema, Executive Director of the Port Angeles Regional Chamber of Commerce,
presented a report on the Chamber's marketing efforts throughout 2009. He addressed
the difficulty of the current economic times, citing the closure of the Hood Canal bridge,
mandatory passports, and the general lack of tourism related to the downturn of the
economy. He expressed that the Chamber wanted to take a more aggressive approach to
its marketing plan, focusing advertising in the I-5 corridor, otherwise known as its "bread
and butter" market. Mr. Veenema reviewed the current marketing campaign, that
included television advertising with Kiro 7, Comcast, as well as ads with Seattle Times,
USA Today, City Living, Washington State Visitors Guide, and Discover America. Mr.
Veenema summarized 2009 lodging tax revenues as compared to 2008, down 21 % so far
for the year. He believes that the Twilight phenomenon is helping the overall tourism in
the area and that it will continue to be profitable for the area for another 4 to 5 years. He
answered questions regarding the Victoria Ferry and Kenmore Air traffic. He indicated
that the ferry traffic had no significant change from last year, but that they have been
steadily decreasing over the years. Kenmore Air had some increases in traffic due to the
Hood Canal bridge closure. He also indicated that Kenmore Air was applying for a
$400,000 grant for promotion and advertising.
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CITY COUNCIL MEETING
September 1, 2009
Pacific Unity Partners Visit 3. Pacific Unity Partners Visit to Lincoln Park •
to Lincoln Park
Director Cutler displayed pictures from the Pacific Unity Partners Visit to Lincoln Park.
He expressed what a success the trip was for the local economy, citing that there were
approximately 600-800 people at port. He explained that on August 24, the City was paid
a visit from Coast Guards that represented 6 different countries; Japan, South Korea,
Russia, China, Canada, and our own Coast Guard of the United States. They were here
from Sunday through Wednesday morning, with a sports day being held at Lincoln Park.
The Mayor and City Manager went out to greet the senior officials and welcome
everyone to the community. He also expressed what a positive visit it was for the visiting
countries, and what a good job Port Angeles did in welcoming them to our area. He
believes this will go a long way towards the possibility of future visits.
PUBLIC COMMENT: Shirley Nixon, PO Box 178, addressed the Council, welcoming the new City Clerk,
Janessa Hurd. She expressed interest in the NOAA proposal package being made
available to the public either at the front counter of City Hall or on the City's website, as
well as her frustration at comments regarding the Model Toxics Control Act being
submitted before being reviewed by Council.
CITY COUNCIL There were no reports submitted at this time.
COMMITTEE
REPORTS:
WORK SESSION: 1. Elwha Valley Road Project
Elwha Valley Road Project Director Cutler introduced the Lower Elwha Klallam Tribe Vice Chair, Russell Hepfer,
Resolution No. 19-09 and invited him to introduce his members and make a few comments. Vice Chair Hepfer •
thanked the City Council for having them, and additionally thanked elders, veterans, and
police officers for their service. He introduced Secretary/Treasurer Ed Johnson, Tribal
Councilmember Anthony Charles, Tribe Attorney Steve Suagee, and Director Carol
Brown. He explained that Chair Francis Charles could not be attendance tonight because
the Lower Elwha Klallam Tribe was one of 150 tribes invited to meet with President
Obama for a listening session, and Chair Charles would also be receiving the Woman of
Valor Award for community service. Vice Chair Hepfer then read a letter endorsing the
easement agreement, addressing the many years of hard work on the project, as well as
how the project will help reduce evacuation times, ambulance response times, increase
safety for school buses, and overall traffic. He expressed their appreciation with the
diligence and professionalism of the City Staff, as well as the willingness of the Council
to act in a timely manner. He also acknowledged that the passing of the two easements
and the Resolution will facilitate continued positive government -to -government
interaction, as well as provide a foundation for the upcoming three -party interlocal
agreement between the Tribe, City, and County, allowing transition from construction to
public road.
Director Cutler continued his presentation by thanking Director Brown, Attorney Suagee,
and Attorney Bloor for all the hours spent working on the project. He used PowerPoint
slides to provide an overview of the project, which included maps of the existing road,
proposed new road, municipal water line, industrial water line, and phases of the project.
He explained that the project is split into 3 phases. Phase 1 is already under contract and
starts at the end of Lower Elwha Road. Phase 2 will be under contract as soon as
September 8`t' or 9', and Phase 3 will bring the road back up to the beginning of the
Lower Elwha Road and will be constructed at a later date. Director Cutler explained that
the action desired of Council tonight was to pass the two easements, and the Resolution
to allow for construction on the Lower Elwha Road project. The first easement is a
temporary easement between the City of Port Angeles and the LEKT on Kacee Way. He •
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CITY COUNCIL MEETING
September 1, 2009
• Elwha Valley Road Project explained that the first easement allows the LEKT to start Phase 2 of the project, allowing
Resolution No. 19-09 them to construct a road over City property containing the City's Industrial Waterline,
(Cont'd) utilize Kacee Way as access for construction, and to construct an approximate 800 foot
gravel road on the eastern portion of Kacee Way. The temporary easement between the
Lower Elwha Klallam Tribe and the City of Port Angeles will provide access to the City
to relocate utilities, access to Elwha Valley Road, and the City will have final approval
on road design over City property. The LEKT will install and maintain access to control
gates, and they will be allowed to transfer the easement to the County once all standards
have been met. He also explained that the LEKT agrees to mediation, waives limited
sovereign immunity, and intends to relocate utilities on Kacee Way for future projects.
Director Cutler described that the second easement is a permanent easement between the
United States of America, through the Bureau of Indian Affairs, and the City to grant a
permanent right-of-way to the area that contains the City's industrial waterline by means
of a service road. He indicated that the easement included conditions that the City would
immediately notify the LEKT of cultural resources discovered and would not interfere
with intended use of lands. He also explained that these two easements do not allow for
approval of Phase 3 of the project; however, they are proof of a positive movement
forward. He mentioned the final deadline for agreement between the City, County, and
the LEKT for the third phase is December 21, 2009. He continued to describe that the
road project had been discussed and reviewed with the Real Estate Committee, and the
Utility Advisory Committee. Attorney Bloor complimented Director Cutler on an
excellent job done on such a complex issue, and answered questions regarding title
issues.
Mayor Braun read the Resolution by title, entitled
• RESOLUTION NO. 19-09
A RESOLUTION of the City Council of the City of Port Angeles, Washington
(City), authorizing the Mayor to convey temporary and permanent
easements to the Lower Elwha Klallam Tribe (Tribe) for construction
of Elwha Valley Road.
Councilmember Di Guilio moved to pass the Resolution as read by title, and Deputy
Mayor Wharton seconded the motion. Councilmember Williams commented that he
would be voting in opposition, stating it was a real estate matter, and he would vote in
favor if we had a preliminary title commitment. He believed the City's waterline is too
important to go ahead without this. A vote was taken on the motion, which carried 5 -
1, with Councilmember Williams voting in opposition.
Break Mayor Braun recessed the meeting for a break at 7:27 p.m. The meeting reconvened at
7:41 p.m.
Discuss Department of 2. Discuss Department of Ecology Issues with Exponent
Ecology Issues with
Exponent Manager Myers summarized the Department of Ecology review and update procedures
with cleanup of hazardous materials. He explained that the DOE had come out with
seven new papers for review and comment, and that these papers were very technical so
Exponent was hired to review the four issues that directly impacted the City. He'
introduced Michael Garry, an Environmental Toxicologist from Exponent.
Mr. Garry used PowerPoint slides to present his review of the issue papers published by
the DOE. He explained that the papers he focused his comments on had to do with the
Models Toxics Control Act and the Sediment Management Standards. He summarized
• how the two standards are applicable in marine environment investigations, but not
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CITY COUNCIL MEETING
September 1, 2009
Discuss Department of
always consistent on how to protect human health. He addressed that the possible DOE
Ecology Issues with
rule changes will affect all marine investigations including the Port Angeles Harbor. He
Exponent
also explained that the DOE thought that they should integrate the two programs,
(Cont'd)
focusing on key issues, such as fish consumption rates, biota -sediment accumulation
factor, and sediment background concentrations. He indicated that the DOE is deciding
where to set the level for clean up that will affect all marine sediment investigations, and
that the summary papers described the changes they are considering. He addressed DOE
concerns, such as what factors they should use in there equations, because fish
consumption rates differ based upon area, as well as sediment accumulation levels. He
also explained that there are background concentrations of chemicals in sediments based
upon global and naturally occurring events. Lengthy discussion followed regarding
recontamination, unfunded mandates, purpose of issue papers, dioxin levels, local fish
consumption rates, and time line of rule changes. Mr. Garry addressed all questions he
could answer. Councilmembers also inquired about the review of comments submitted
to the DOE. Manager Myers explained that there was little time to submit comments on
the issue papers to the DOE, but that the City had many conversations with Exponent, as
well as many chances to review the comments submitted. Attorney Bloor expressed that
Exponent was hired to review the issue papers and explain them to the City, not make
comments about policy.
2010 Budget Process
3. 2010 Budget Process
Manager Myers explained that Director Ziomkowski and himself were in their first round
of budget meetings with each department. They were asking questions, requesting cuts,
and addressing personnel expenses. He indicated that they would be able to provide an
update as to how to reduce costs, as well as continue to have additional budget meetings
with departments next week. He proposed that the full Council conduct the Budget
reviews as opposed to those typically conducted at the Finance Committee level. He also
proposed a separate budget session for September 29', and October 27', at 5 p.m., and
changing November 3`d Council meeting to Wednesday, November 4', because of the
General Election. Manager Myers indicated that the current budget would not include
any changes due to I-1033 passing, but if it does pass, then more changes will need to be
made in the future. He addressed some of the reasons for the difficulty in balancing the
budget this year. Unions are not willing to reopen their contracts to renegotiate cost of
living increases, and health insurance rates will be increasing by closer to 12.5%, rather
than the anticipated 8-10%. Manager Myers and Manager Coons addressed questions
regarding ways to decrease rates for the City's health insurance plan. Councilmembers
supported Manager Myers' Budget review proposal and schedule.
Councilmember Williams moved to change the regular meeting schedule from the
3' to the 4" of November. The motion was seconded by Deputy Mayor Wharton,
which carried unanimously.
HarborWorks Board 4. HarborWorks Board Vacancy
Vacancy
Manager Myers indicated that he had received a letter of resignation from Karen
McCormick for her position on the HarborWorks Board of Directors as of October 31,
2009. He extended his appreciation for all her hard work. He addressed the process for
filling this vacant position which included: the Council's current policy for filling board
and commission vacancies, solicitation of applicants until the end of September, initial
interviews at the October 13' Council meeting, and the policies and procedures for filling
vacancies in the HarborWorks Charter. In response to Deputy Mayor Wharton's
question, Manager Myers indicated that evaluation of a new HarborWorks board member
can include backgrounds in cultural heritage issues, creek restoration, and environmental
cleanup.
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•
•
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CITY COUNCIL MEETING
September 1, 2009
isBreak Mayor Braun recessed the meeting for a break at 8:55 p.m. The meeting reconvened at
8:59 p.m.
LATE ITEMS TO BE There were no late items added to the agenda.
PLACED ON THIS OR
FUTURE AGENDAS:
ORDINANCES NOT 1. Establish Stormwater Utility Fund
REQUIRING PUBLIC
HEARINGS: Director Ziomkowski indicated that this would be the first reading to amend the existing
Stormwater Ordinance and establish a Stormwater Utility Fund. She explained that the
Establish Stormwater scope of the utility is growing, and it would be wise to formalize the process by adopting
Utility Fund a Stormwater Fund. Mayor Braun conducted a first reading of the Ordinance by title,
entitled
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, creating a fund for
the administration, maintenance and operation of the Stormwater
Utility, and adding a new section, 3.34, to Chapter 3 of the Port
Angeles Municipal Code.
Following discussion, the Council agreed by consensus that a second reading of the
•
RESOLUTION NO. 20-09
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
establishing a City Employee Wellness Program.
Deputy Mayor Wharton moved to pass the resolution as read by title. The motion
was seconded by Councilmember Kidd, which carried unanimously.
OTHER 1. Gateway Use Regulations
CONSIDERATIONS:
Gateway Use Regulations Deputy Director Bonine used PowerPoint slides to address the new Gateway Use
Regulations. He indicated that new rules govern the renting of the plaza area. He
discussed each item contained on the list of regulations and answered questions regarding
them. Lengthy discussion followed, and Deputy Director Bonine addressed concerns
over parking space, one vehicle on the plaza at a time, oil leaks from vehicles, maximum
number of trailers, and alcoholic beverages.
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Ordinance should be conducted at the next meeting.
RESOLUTIONS:
1. Establishment of City Employee Wellness Program
• Establishment of City
Manager Coons requested that the Council approve the establishment of a City Employee
Employee Wellness
Wellness Program. He indicated that AWC would provide a 2% premium reduction to
Program
the City if the City's employees met wellness standards. He informed Council of how
Resolution No. 20-09
the City is already working towards a wellness plan, and how AWC is moving towards
preventative treatments that allow everyone to benefit from better health and increased
savings. Discussion followed regarding expenses for the program, programs already in
place, the Olympic Wellness program, and anticipated overall savings for the City budget.
Mayor Braun read the Resolution by title, entitled
•
RESOLUTION NO. 20-09
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
establishing a City Employee Wellness Program.
Deputy Mayor Wharton moved to pass the resolution as read by title. The motion
was seconded by Councilmember Kidd, which carried unanimously.
OTHER 1. Gateway Use Regulations
CONSIDERATIONS:
Gateway Use Regulations Deputy Director Bonine used PowerPoint slides to address the new Gateway Use
Regulations. He indicated that new rules govern the renting of the plaza area. He
discussed each item contained on the list of regulations and answered questions regarding
them. Lengthy discussion followed, and Deputy Director Bonine addressed concerns
over parking space, one vehicle on the plaza at a time, oil leaks from vehicles, maximum
number of trailers, and alcoholic beverages.
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CITY COUNCIL MEETING
September 1, 2009
OTHER Deputy Mayor Wharton moved to approve the Public Works & Utilities Gateway
CONSIDERATIONS: Use Regulations for "The Gateway" plaza area controlled by the City. The motion
Gateway Use Regulations was seconded by Councilmember Williams, which carried unanimously.
(Cont' d)
TIGER Grant Application 2. TIGER Grant Application
Director Cutler used PowerPoint slides to present information regarding the TIGER grant
application. He explained that the City was working in cooperation with the County, Port
of Port Angeles, as well as Gary Kenworthy from Exeltech Consulting, Inc., who has
been contracted to develop the grant application. The cost of the application is not to
exceed $15,840, and Director Cutler noted that the cost would be shared between the
three groups. He emphasized that the grant would contribute to the economic stimulus,
make the area more livable, as well as add or preserve jobs. He indicated that the grant
would provide approximately $37 million for projects with $7.8 million in matching
funds included. He listed the projects covered under the grant including: SRI 17 at US
101 Interchange, Lincoln/Laurel Street Rechannel ization, Lauridsen Boulevard Bridge
Widening, Race Street Bicycle Lanes, First/Front/Race Street Nodes and Rehabilitation,
Peabody Creek/Lincoln Street Culvert Rehabilitation, Upgrades to Blackball Ferry
Terminal, International Waterfront Promenade, Marine/Tumwater Pedestrian Overpass,
and Deer Park Scenic Gateway Center/Safety Rest Stop and Overcrossing Access
Improvement. He also indicated that the City had sent a letter to Secretary Hammond for
support, but that there are at least two other submissions for this grant. He explained that
the Governor favors. projects in Seattle and King County, which contributes to the
competitiveness of the grant. Lengthy discussion ensued and Director Cutler answered
questions regarding the Peabody Creek Culvert instability, improvements near or over
private property, right of ways, Race Street as a truck route, and other project
considerations. Director Cutler indicated that the City would be informed no later than
February 17, 2009 as to an award of grant monies.
Continue Meeting Past Councilmember Williams move to extend the meeting past 10:00 p.m. The motion
10:00 P.M. was seconded by Deputy Mayor Wharton, which carried unanimously.
TIGER Grant Application Councilmember Di Guilio moved to authorize the City Manager to sign and submit
(Cont'd) a TIGER Grant in the amount of $36,935,000 for projects identified in the Port
Angeles Capital Facilities Plan (CFP) including the Port of Port Angeles and
Clallam County projects. Councilmember Perry seconded the motion. A vote was
taken on the motion, which carried unanimously.
PUBLIC HEARINGS - None.
QUASI-JUDICIAL:
PUBLIC HEARINGS - None.
OTHER:
FINANCE: None.
CONSENT AGENDA: The Low Income Home Heating Energy Vendor Agreement was removed from the
Agenda. Councilmember Perry moved to accept the Consent Agenda, to include: 1.)
City Council Meeting Minutes of August 18, 2009; Special Meeting of August 25, 2009;
2.) Expenditure Approval List from 8/8/09 to 8/21/2009 for $913,930.76; and 3.) Front
Street Storm Drain, Project DR99-20, Final Acceptance. Councilmember Kidd seconded
the motion. A vote was taken on the motion, which carried unanimously.
A.
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•
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CITY COUNCIL MEETING
September 1, 2009
• INFORMATION: Manager Myers' report noted the Planning Commission minutes and Building Report
included in the packet. He mentioned that the City just finished permitting a major, $36
million project for Peninsula College's new building. He commended Police Chief
Gallagher for an excellent presentation to the Chamber of Commerce. He noted the
request for the NOAA proposal, and indicated that he will talk to the Port Authority to try
and make it available. He mentioned that he will be scheduling a meeting in the next few
months between the City Council and the Port Commission at the suggestion of
Councilmember Kidd. He also noted that Councilmember Di Guilio mentioned that
several years ago local area managers would meet on a quarterly basis. Manager Myers
indicated that he would co -host the first meeting with Jim Jones, and would also include
the School Superintendent, Port Authority Director, Transit Director, and others. He
explained that HarborWorks had reached a major milestone, approval of the due diligence
agreement with Rayonier, signifying overall improvement as well as providing an
exclusive option on the property over the next 13 months.
•
EXECUTIVE SESSION: None
ADJOURNMENT: The meeting was adjourned at 10:07 p.m.
Gary Braun, Mayor Janessa Hurd, City Clerk
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Date: 9/9/2009
City of Port Angeles
` City Council Expenditure Report
4�
_: •'•'��^' From: 8/22/2009 To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
CLALLAM COUNTY HEADSTART
RFND OVRPMT RCVD 03/30/09
001-0000-213.10-90
34.97
OLYMPIC COMMUNITY ACTION PROGP
REFUND OVERPAYMENTS
001-0000-213.10-90
12.00
US COAST GUARD
DUP PMT INV 23149
001-0000-213.10-90
280.26
INVARION, INC
SUPPLIES
001-0000-237.00-00
-39.06
VERIZON WIRELESS
SUPPLIES
001-0000-237.00-00
-78.12
Calvary chapel
RFD DEPOSIT 6/28/09
001-0000-239.10-00
150.00
Clallam County Hosterlries
LOOMIS DEPOSIT REFUND CLA
001-0000-239.10-00
50.00
Class of 79
LOOMIS DEPOSIT REFUND CLA
001-0000-239.10-00
50.00
Dorothy Smith
CLUBHOUSE DEPOSIT REFUND
001-0000-239.10-00
50.00
Etta Grail
CLUBHOUSE DEPOSIT REFUND
001-0000-239.10-00
50.00
Marcia Smith
LOOMIS DEPOSIT REFUND SMI
001-0000-239.10-00
50.00
Morningside
CLUBHOUSE DEPOSIT REFUND
001-0000-239.10-00
50.00
Pacific Office Equipment
LOOMIS DEPOSIT REFUND POE
001-0000-239.10-00
50.00
Patty Parrill
LOOMIS DEPOSIT REFUND PAR
001-0000-239.10-00
50.00
rusty west
RFD DEPOSIT 7/28/09
001-0000-239.10-00
150.00
WA STATE PATROL
LIVE SCAN PRINTS FOR MONT
001-0000-229.50-00
288.75
City Manager Department
Human Resources
Division Total:
$1,198.80
Department Total:
$1,198.80
ADVANCED TRAVEL
AWC Conf-Rogers
001-1160-511.43-10
497.70 •
AWC Conf-Wharton
001-1160-511.43-10
166.50
AWC-ASSN OF WASHINGTON CITIES
AWC - BUDGET STRATEGIES
001-1160-511.43-10
40.00
PORT ANGELES CITY TREASURER
Chamber Mtg-Kidd
001-1160-511.31-01
8.05
Legislative
Mayor & Council
Division Total:
$712.25
Legislative
Department Total:
$712.25
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-1210-513.42-10
1.73
PORT ANGELES CITY TREASURER
Chamber Mtg-Myers
001-1210-513.43-10
13.00
QWEST
8-23 a/c 206T310164584B
001-1210-513.42-10
27.82
8-16 a/c 206T359336570B
001-1210-513.42-10
27.82
8-23 a/c 206T30230608413
001-1210-513.42-10
20.39
VERIZON WIRELESS
COMMUNICATIONS/MEDIASERV
001-1210-513.42-10
135.13
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-1210-513.42-10
56.92
City Manager Department
City Manager Office
Division Total:
$282.81
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-1220-516.42-10
0.35
OLYMPIC STATIONERS INC
HR OFFICE SUPPLIES
001-1220-516.31-01
101.47
PACIFIC OFFICE EQUIPMENT INC
TONER FOR PRINTER
001-1220-516.31-01
145.25
HR SUPPLIES
001-1220-516.31-01
119.23
QWEST
8-23 a/c 206T310164584B
001-1220-516.42-10
5.56
8-16 a/c 206T359336570B
001-1220-516.42-10
5.56
8-23 a/c 206T302306084B
001-1220-516.42-10
4.08
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-1220-516.42-10
57.12
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-1220-516.42-10
10.49 •
City Manager Department
Human Resources
Division Total:
$449.11
L-8
Page 1
Date: 9/9/2009
City of Port Angeles
City Council Expenditure
Description
Report
Invoice Amount
AT&T BUSINESS SERVICE
From: 8/22/2009 To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-1230-514.42-10
0.17
OLYMPIC STATIONERS INC
OFFICE SUPPLIES
001-1230-514.31-01
53.70
PENINSULA AWARDS & TROPHIES
NAMEPLATE - JANESSA HURD
001-1230-514.31-01
10.30
QWEST
8-23 a/c 206T31016458413
001-1230-514.42-10
2.78
8-16 a/c 206T359336570B
001-1230-514.42-10
2.78
8-23 a/c 206T302306084B
001-1230-514.42-10
2.04
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-1230-514.42-10
8.57
City Manager Department
City Clerk
Division Total.
$80.34
City Manager Department
Department Total.
$812.26
ADVANCED TRAVEL
WFOA Board-Ziomkowski
001-2010-514.43-10
12.25
APT Conf-Ziomkowski
001-2010-514.43-10
908.32
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-2010-514.42-10
1.21
QWEST
8-23 a/c 206T310164584B
001-2010-514.42-10
19.48
8-16 a/c 206T359336570B
001-2010-514.42-10
19.48
8-23 a/c 206T302306084B
001-2010-514.42-10
14.28
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-2010-514.42-10
57.03
WASHINGTON (DIS), STATE OF
Scan Chgs-July 1
001-2010-514.42-10
9.20
Finance Department
Finance Administration
Division Total:
$1,041.25
•ADVANCED
TRAVEL
APT Conf-Wright/Horton
001-2023-514.43-10
1,178.67
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-2023-514.42-10
1.56
OLYMPIC STATIONERS INC
OFFICE SUPPLIES, GENERAL
001-2023-514.31-01
29.35
QWEST
8-23 a/c 206T310164584B
001-2023-514.42-10
25.04
8-16 a/c 206T359336570B
001-2023-514.42-10
25.04
8-23 a/c 206T302306084B
001-2023-514.42-10
18.35
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-2023-514.42-10
6.32
Finance Department
Accounting
Division Total:
$1,284.33
APEX CREDIT BUREAU
CREDIT REPORT D. HOLCOMB
001-2025-514.41-50
27.10
CREDIT REPORT DIORENZO CO
001-2025-514.41-50
27.10
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-2025-514.42-10
2.25
DATABAR INCORPORATED
CYCLES 1-5 8/7/09
001-2025-514.41-50
1,967.85
CYCLES 6-10 8/13/09
001-2025-514.41-50
1,931.56
CYCLES 11-15 8/20/09
001-2025-514.41-50
1,885.86
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-2025-514.45-31
21.34
EQUIFAX
CREDIT REPORTS
001-2025-514.41-50
60.63
OLYMPIC STATIONERS INC
LABELS
001-2025-514.31-01
7.12
PAPER (OFFICE,PRINT SHOP)
001-2025-514.31-01
105.58
PACIFIC OFFICE EQUIPMENT INC
TONER CARTRIDGE
001-2025-514.31-01
192.17
QWEST
8-23 a/c 206T310164584B
001-2025-514.42-10
36.17
8-16 a/c 206T359336570B
001-2025-514.42-10
36.17
•
VERIZON WIRELESS
8-23 a/c 206T302306084B
8-13 a/c 271272753-00001
001-2025-514.42-10
001-2025-514.42-10
26.51
70.83
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-2025-514.42-10
15.01
L-9
Page 2
k` <:LI,tlYvrf Date: 9/9/2009
City of Port Angeles
City Council Expenditure Report
From: 8/22/2009 To: 9/4/2009 •
Vendor
Description
Account Number
Invoice Amount
Finance Department
Customer Service
Division Total:
$6,413.25
DATA BASE
JULY RECORD DESTRUCTION
001-2080-514.41-50
185.91
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-2080-514.45-31
624.03
GREAT AMERICA LEASING CORP
AUG COPIER LEASE
001-2080-514.45-31
268.55
MORNINGSIDE
AUG COPY ROOM SERVICES
001-2080-514.41-50
855.00
OLYMPIC STATIONERS INC
COLORED COPY PAPER
001-2080-514.31-01
160.00
Finance Department
Reprographics
Division Total:
$2,093.49
Finance Department
Department Total:
$10,832.32
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-3010-515.42-10
1.04
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-3010-515.45-31
57.99
Washington State Supreme Court
PRINTING BRIEFS
001-3010-515.49-90
29.27
OLYMPIC STATIONERS INC
PAPER FOR TIME CARDS
001-3010-515.31-01
3.26
QUILL CORPORATION
FILE FOLDERS,SUPPLIES
001-3010-515.31-01
96.33
QWEST
8-23 a/c 206T310164584B
001-3010-515.42-10
16.69
8-16 a/c 206T359336570B
001-3010-515.42-10
16.69
8-23 a/c 206T302306084B
001-3010-515.42-10
12.24
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-3010-515.42-10
57.02
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-3010-515.42-10
16.96
Attorney
Attorney Office
Division Total.
$307.49
CLALLAM CNTY SHERIFF JAIL MEDICAL
JULY 2009 JAIL BILL
001-3012-598.51-23
35,522.12
Attorney
Jail Contributions
Division Total.
$35,522.12
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-3021-515.42-10
0.69
BAUMANN ATTY AT LAW, MARK
CONFLICT ATTY. PCR 014813
001-3021-515.50-90
160.00
CONFLICT ATTY. PCR 015131
001-3021-515.50-90
210.00
CONFLICT ATTY. PCR 15589
001-3021-515.50-90
90.00
CLALLAM PUBLIC DEFENDER
Public Defender Fees
001-3021-515.41-50
3,888.72
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-3021-515.45-31
57.99
OLYMPIC STATIONERS INC
PAPER FOR TIME CARDS
001-3021-515.31-01
6.54
QUILL CORPORATION
FILE FOLDERS, SUPPLIES
001-3021-515.31-01
96.34
QWEST
8-23 a/c 206T310164584B
001-3021-515.42-10
11.13
8-16 a/c 206T359336570B
001-3021-515.42-10
11.13
8-23 a/c 206T302306084B
001-3021-515.42-10
8.16
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-3021-515.42-10
57.02
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-3021-515.42-10
7.73
Attorney
Prosecution
Division Total:
$4,605.45
Attorney
Department Total:
$40,435.06
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-4010-558.42-10
1.30
DELL MARKETING LP
COMPUTER HARDWARE&PERIPH1001-4010-558.31-60
168.00
PENINSULA DAILY NEWS
LEGAL ADS
001-4010-558.44-10
721.04
PORT ANGELES CITY TREASURER
Office Supplies-Roberds
001-4010-558.31-01
41.69
QWEST
8-23 a/c 206T310164584B
001-4010-558.42-10
20.87
8-16 a/c 206T359336570B
001-4010-558.42-10
20.87
L-10
Page 3
•
•
, .Y:CI Il•,
'*-•-
Date: 9/9/2009
City of Port Angeles
m
City Council Expenditure Report
I• ''"
From: 8/2212009 To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
QWEST
8-23 a/c 206T302306084B
001-4010-558.42-10
15.30
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-4010-558.42-10
58.26
WA CITY PLANNING DIRECTOR ASSN
WA CITY PLANN DIR DUES
001-4010-558.49-01
50.00
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-4010-558.42-10
12.21
Community Development
Planning
Division Total:
$1,109.54
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-4020-524.42-10
0.45
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-4020-524.45-31
21.34
SPA SHOP/PELLET HEAT COMPANY
001-4020-322.10-19
121.30
OLYMPIC STATIONERS INC
PAPER (OFFICE,PRINT SHOP)
001-4020-524.31-01
52.80
PACIFIC OFFICE FURNITURE
REPAIR OF OFFICE CHAIR
001-4020-524.35-01
65.04
PORT ANGELES CITY TREASURER
Batteries/Paper-Roberds
001-4020-524.31-01
14.96
Office Supplies-Roberds
001-4020-524.31-01
48.75
QWEST
8-23 a/c 206T310164584B
001-4020-524.42-10
7.23
8-16 a/c 206T359336570B
001-4020-524.42-10
7.23
8-23 a/c 206T30230608413
001-4020-524.42-10
5.30
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-4020-524.42-10
7.04
Community Development
Building
Division Total:
$351.44
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-4030-559.42-10
0.07
CODE COMPLIANCE CONFERENC001-4030-559.43-10
250.00
•WACE
QWEST
8-23 a/c 206T310164584B
001-4030-559.42-10
1.11
8-16 a/c 206T359336570B
001-4030-559.42-10
1.11
8-23 a/c 206T302306084B
001-4030-559.42-10
0.82
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-4030-559.42-10
0.64
Community Development
Code Compliance
Division Total:
$253.75
Community Development
Department Total:
$1,714.73
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-5010-521.42-10
2.77
COLUMBIA TELECOMMUNICATIONS COR NETWORK NEEDS ASSESSMENT
001-5010-521.41-50
727.69
JUNE SERVICES
001-5010-521.41-50
3,510.48
GLOBALSTAR USA
8-16 a/c 1.50018856
001-5010-521.42-10
41.83
PACIFIC OFFICE EQUIPMENT INC
OFFICE SUPPLIES, GENERAL
001-5010-521.31-01
89.96
PORT ANGELES POLICE DEPARTMENT
Postage
001-5010-521.42-10
5.98
QUILL CORPORATION
OFFICE SUPPLIES, GENERAL
001-5010-521.31-01
77.40
QWEST
8-23 a/c 206T31016458413
001-5010-521.42-10
44.52
8-16 a/c 206T359336570B
001-5010-521.42-10
44.52
8-23 a/c 206T30230608413
001-5010-521.42-10
32.63
RICHMOND 2 -WAY RADIO
RADIO & TELECOMMUNICATION
001-5010-521.48-10
27.10
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-5010-521.42-10
171.45
VIVID LEARNING SYSTEMS -WA
AGREE MNT 080109-123110 TR
001-5010-521.43-10
2,945.54
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-5010-521.42-10
73.57
Department
Police Administration
Division Total:
$7,795.44
•Police
ADVANCED TRAVEL
Crime Lab-Viada
001-5021-521.43-10
49.10
Coupeville Invest-Viada
001-5021-521.43-10
60.00
L-11
Page 4
n: palmy.
;c•�'`y�Date: 9/9/2009
Cit
y of Port Angeles
n City Council Expenditure Report
From: 8/22/2009 To: 9/4/2009 •
Vendor
Description
Account Number
Invoice Amount
ADVANCED TRAVEL
Bellingham Invest-Viada
001-5021-521.43-10
61.30
Whidby Isl Invest-Viada
001-5021-521.43-10
74.35
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-5021-521.42-10
1.73
EVERGREEN TOWING
AUTO MAJOR TRANSPORTATION
001-5021-521.49-90
184.82
AUTO MAJOR TRANSPORTATION
001-5021-521.49-90
231.03
AUTO MAJOR TRANSPORTATION
001-5021-521.49-90
259.99
AUTO MAJOR TRANSPORTATION
001-5021-521.49-90
142.28
AUTO MAJOR TRANSPORTATION
001-5021-521.49-90
142.28
OLYMPIC STATIONERS INC
OFFICE SUPPLIES, GENERAL
001-5021-521.31-01
28.73
PACIFIC OFFICE EQUIPMENT INC
OFFICE SUPPLIES, GENERAL
001-5021-521.31-01
236.62
QUILL CORPORATION
OFFICE SUPPLIES, GENERAL
001-5021-521.31-01
106.90
QWEST
8-23 a/c 206T310164584B
001-5021-521.42-10
27.82
8-16 a/c 206T359336570B
001-5021-521.42-10
27.82
8-23 a/c 206T302306084B
001-5021-521.42-10
20.39
RICHMOND 2 -WAY RADIO
RADIO & TELECOMMUNICATION
001-5021-521.31-14
300.00
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-5021-521.42-10
455.56
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-5021-521.42-10
15.89
Police Department
Investigation
Division Total:
$2,426.61
ADVANCED TRAVEL
K-9 Seminar-Brusseau
001-5022-521.49-80
518.66
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-5022-521.42-10
4.85
BLUMENTHAL UNIFORMS & EQUIP
CLOTHING & APPAREL
001-5022-521.20-80
4.34
BADGES & OTHER ID EQUIP.
001-5022-521.31-01
543.95
POLICE EQUIPMENT & SUPPLY
001-5022-521.31-11
39.01
CLINICARE OF PORT ANGELES INC
PREEMPLOY LEROUX, JUSTIN
001-5022-521.41-50
130.00
INTL ASSN LAW ENFCMNT FRARM IN
3 YR RENEWAL 09,10,11 PEN
001-5022-521.49-01
150.00
Trevor Dropp
REIMBURSE DROPP FOR PATRO
001-5022-521.20-80
189.00
Sig Sauer Inc.
REAR SIGHT PATROL WOOD
001-5022-521.35-01
37.94
OLYMPIC STATIONERS INC
OFFICE SUPPLIES, GENERAL
001-5022-521.31-01
39.40
PORT ANGELES POLICE DEPARTMENT
Donuts for Training
001-5022-521.31-01
29.49
Bottled Water
001-5022-521.31-01
3.50
Postage
001-5022-521.42-10
60.69
Postage to Lab
001-5022-521.42-10
59.95
PUGET SOUND POLYGRAPH EXAMINER POLYS ON SIEFERT AND MALO
001-5022-521.41-50
450.00
QUILL CORPORATION
OFFICE SUPPLIES, GENERAL
001-5022-521.31-01
162.03
OFFICE SUPPLIES, GENERAL
001-5022-521.31-01
116.75
QWEST
8-23 a/c 206T310164584B
001-5022-521.42-10
77.91
8-16 a/c 206T359336570B
001-5022-521.42-10
77.91
8-23 a/c 206T302306084B
001-5022-521.42-10
57.10
RICHMOND 2 -WAY RADIO
VOTER RECEIVER INSTALL AT
001-5022-521.31-14
2,142.82
SAN DIEGO POLICE EQUIP CO
SIM CONV KIT, M -4A1 2-20
001-5022-521.35-01
2,159.05
SWAIN'S GENERAL STORE INC
CLEANING COMPOSITION/SOLV
001-5022-521.31-01
5.93
POLICE EQUIPMENT & SUPPLY
001-5022-521.31-01
19.74
L-12
Page 5
•
•
1,Date: 9/9/2009
City of Port Angeles
17- City Council Expenditure Report
I• * "'' From: 8/22/2009 To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
SWAIN'S GENERAL STORE INC
POLICE EQUIPMENT & SUPPLY
001-5022-521.31-01
8.75
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-5022-521.42-10
1,562.25
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-5022-521.42-10
53.16
WSPCA-WA ST POLICE CANINE ASSN
SEMINAR FEE K MILLER
001-5022-521.49-80
150.00
SEMINAR FEE A BRUSSEAU
001-5022-521.49-80
150.00
Police Department
Patrol
Division Total:
$9,004.18
BLUMENTHAL UNIFORMS & EQUIP
CLOTHING & APPAREL
001-5026-521.31-11
28.08
CLOTHING & APPAREL
001-5026-521.31-11
-162.55
CLOTHING & APPAREL
001-5026-521.31-11
8.08
CLOTHING & APPAREL
001-5026-521.31-11
119.51
PACIFIC OFFICE EQUIPMENT INC
OFFICE SUPPLIES, GENERAL
001-5026-521.31-11
32.50
PORT ANGELES POLICE DEPARTMENT
Volunteer Veh to Lacey
001-5026-521.43-10
13.99
RICHMOND 2 -WAY RADIO
RADIO & TELECOMMUNICATION
001-5026-521.31-14
300.00
Police Department
Reserves & Volunteers
Division Total.
$339.61
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-5029-521.42-10
1.73
MICRO DATA
1,100 INFRACTION FORMS
001-5029-521.31-01
352.04
OLYMPIC STATIONERS INC
PAPER (OFFICE,PRINT SHOP)
001-5029-521.31-01
211.16
PACIFIC OFFICE EQUIPMENT INC
OFFICE MACHINES & ACCESS
001-5029-521.49-90
271.00
•PORT
ANGELES POLICE DEPARTMENT
QUILL CORPORATION
Postage
001-5029-521.42-10
11.05
OFFICE SUPPLIES, GENERAL
001-5029-521.31-01
97.42
QWEST
8-20 a/c 206Z200017790B
001-5029-521.42-10
199.03
8-23 a/c 206T3101645846
001-5029-521.42-10
27.82
8-16 a/c 206T359336570B
001-5029-521.42-10
27.82
8-23 a/c 206T30230608413
001-5029-521.42-10
20.39
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-5029-521.42-10
12.97
Police Department
Records
Division Total.
$1,232.43
Police Department
Department Total:
$20,798.27
ADVANCED TRAVEL
Systems Design Mtg-McKeen
001-6010-522.43-10
59.75
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-6010-522.42-10
2.42
8-13 a/c 017 213-4468 001
001-6010-522.42-11
0.69
COLUMBIA TELECOMMUNICATIONS COR NETWORK NEEDS ASSESSMENT
001-6010-522.41-50
727.70
JUNE SERVICES
001-6010-522.41-50
3,510.49
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-6010-522.45-31
71.88
KROESEN'S INC
CLOTHING
001-6010-522.20-80
22.06
PORT ANGELES FIRE DEPARTMENT
SUPPLIES
001-6010-522.31-01
89.65
QWEST
8-23 a/c 206T310164584B
001-6010-522.42-10
38.95
8-16 a/c 206T359336570B
001-6010-522.42-10
38.95
8-23 a/c 206T30230608413
001-6010-522.42-10
28.55
8-23 a/c 206T310164584B
001-6010-522.42-11
11.13
•
8-16 a/c 206T35933657013
8-23 a/c 206T3023060846
001-6010-522.42-11
001-6010-522.42-11
11.13
8.16
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-6010-522.42-10
57.12
L-13
Page 6
ti,.t:F7.11�.
r ."'��;•Date:
Cit y of Port Angeles
9/9/2009
City Council Expenditure
Report
From: 8/2212009
To: 9/4/2009
•
Vendor
Description
Account Number
Invoice Amount
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-6010-522.42-11
3.62
Fire Department
Fire Administration
Division Total:
$4,682.25
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-6020-522.42-10
2.25
BLUMENTHAL UNIFORMS & EQUIP
CLOTHING & APPAREL
001-6020-522.20-80
114.31
PORT ANGELES FIRE DEPARTMENT
GASKET
001-6020-522.31-02
5.39
QWEST
8-23 a/c 206T310164584B
001-6020-522.42-10
36.17
8-16 a/c 206T359336570B
001-6020-522.42-10
36.17
8-23 a/c 206T302306084B
001-6020-522.42-10
26.51
VERIZON WIRELESS
8-10 a/c 571099962-00001
001-6020-522.42-10
49.81
8-15 a/c 264395724-00001
001-6020-522.42-10
25.18
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-6020-522.42-10
0.08
WHEELER, CORAL
SUPPLIES
001-6020-522.31-02
94.12
Fire Department
Fire Supression
Division Total:
$389.99
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-6021-522.42-10
0.17
QWEST
8-23 a/c 206T310164584B
001-6021-522.42-10
2.78
8-16 a/c 206T359336570B
001-6021-522.42-10
2.78
8-23 a/c 206T302306084B
001-6021-522.42-10
2.04
RICHMOND 2 -WAY RADIO
ELECTRONIC COMPONENTS
001-6021-522.31-14
118.59
Fire Department
Fire Volunteers
Division Total:
$126.36
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-6030-522.42-10
0.35
•
QWEST
8-23 a/c 206T310164584B
001-6030-522.42-10
5.56
8-16 a/c 206T359336570B
001-6030-522.42-10
5.56
8-23 a/c 206T302306084B
001-6030-522.42-10
4.08
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
001-6030-522.42-10
63.78
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-6030-522.42-10
1.61
Fire Department
Fire Prevention
Division Total:
$80.94
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-6040-522.42-10
0.35
QWEST
8-23 a/c 206T310164584B
001-6040-522.42-10
5.56
8-16 a/c 206T359336570B
001-6040-522.42-10
5.56
8-23 a/c 206T302306084B
001-6040-522.42-10
4.08
VERIZON WIRELESS
8-10 a/c 571099962-00001
001-6040-522.42-10
34.40
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-6040-522.42-10
2.09
Scan Chgs-July
001-6040-522.42-10
0.16
WHEELER, CORAL
SUPPLIES
001-6040-522.31-01
10.83
Fire Department
Fire Training
Division Total:
$63.03
CED/CONSOLIDATED ELEC DIST INC
WIRE SAFETY GRIPS
001-6050-522.31-20
40.11
M & P GARAGE DOORS
REPAIR DOOR
001-6050-522.48-10
1,163.01
MRS CLEAN
BUILDING MAINT&REPAIR SER
001-6050-522.41-50
395.00
Fire Department
Facilities Maintenance
Division Total:
$1,598.12
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-6060-525.42-10
1.56
QWEST
8-23 a/c 206T310164584B
001-6060-525.42-10
25.04 •
8-16 a/c 206T359336570B
001-6060-525.42-10
25.04
8-23 a/c 206T302306084B
001-6060-525.42-10
18.35
L-14
Page 7
Date: 9/9/2009
r City of Port Angeles
N loom
City Council Expenditure Report
•From: 8/22/2009 To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
Fire Department
Emergency Management
Division Total:
$69.99
Fire Department
Department Total:
$7,010.68
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-7010-532.42-10
5.37
COMPLETE LINE, THE
FAN REPLACEMENT
001-7010-532.31-01
68.88
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-7010-532.45-31
768.77
OLYMPIC STATIONERS INC
2010 CALENDARS
001-7010-532.31-01
119.06
PAPER (OFFICE,PRINT SHOP)
001-7010-532.31-01
52.79
PACIFIC OFFICE EQUIPMENT INC
INK FOR PRINTER
001-7010-532.31-01
157.13
TONER CARTRIDGE
001-7010-532.31-01
216.79
TONER CARTRIDGE/HP8150DN
001-7010-532.31-01
216.79
QWEST
8-23 a/c 206T310164584B
001-7010-532.42-10
86.26
8-16 a/c 206T359336570B
001-7010-532.42-10
86.26
8-23 a/c 206T302306084B
001-7010-532.42-10
63.22
UTILITIES UNDERGROUND LOC CTR
JULY NOTIFICATIONS
001-7010-532.41-50
48.60
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-7010-532.42-10
52.18
Public Works -Gen Fnd
Pub Wks Administration
Division Total.
$1,942.10
Public Works -Gen Fnd
Department Total:
$1,942.10
ASM SIGNS
MISCELLANEOUS SERVICES
001-8010-574.41-50
948.50
• AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-8010-574.42-10
0.52
BRYANT'S UPHOLSTERY
FLAGS, POLES, BANNERS,ACCES
001-8010-574.31-99
303.52
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-8010-574.45-31
168.98
GREAT AMERICA LEASING CORP
OFFICE MACHINES & ACCESS
001-8Q10-574.45-31
36.58
HARTNAGEL BUILDING SUPPLY INC
SANDWICH BOARDS
001-8010-574.31-01
24.78
Janine Richmond
BANNER RENTAL REFUND RICH
001-8010-347.90-15
75.00
OLYMPIC STATIONERS INC
OFFICE SUPPLIES, GENERAL
001-8010-574.31-01
188.33
PENINSULA COLLEGE
EDUCATIONAL SERVICES
001-8010-574.43-10
430.00
QWEST
8-23 a/c 206T310164584B
001-8010-574.42-10
8.35
8-16 a/c 206T359336570B
001-8010-574.42-10
8.35
8-23 a/c 206T302306084B
001-8010-574.42-10
6.12
SWAIN'S GENERAL STORE INC
PAINTING EQUIPMENT & ACC
001-8010-574.31-01
35.00
VERIZON WIRELESS
8-22 a/c 571136182-00005
001-8010-574.42-10
20.23
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-8010-574.42-10
6.31
Parks & Recreation
Parks Administration
Division Total.
$2,260.57
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-8012-555.42-10
0.52
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
001-8012-555.45-31
156.00
COPIES THRU 8/31/09
001-8012-555.45-31
69.76
GREAT AMERICA LEASING CORP
OFFICE MACHINES & ACCESS
001-8012-555.45-31
33.77
QWEST
8-14 a/c 3604577004947B
001-8012-555.42-10
40.61
8-23 a/c 206T310164584B
001-8012-555.42-10
8.35
•
8-16 a/c 206T359336570B
001-8012-555.42-10
8.35
8-23 a/c 206T302306084B
001-8012-555.42-10
6.12
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-8012-555.42-10
0.48
L-15
Page 8
a`�`,, Date: 9/9/2009
City of Port Angeles
City Council Expenditure Report
From: 8/2212009 To: 91412009 •
Vendor
Description
Account Number
Invoice Amount
Parks & Recreation
Senior Center
Division Total:
$323.96
AMERICAN RED CROSS -PA
FIRST AID & SAFETY EQUIP.
001-8020-576.43-10
16.00
AMSAN OLYMPIC SUPPLY
STOP SLIP
001-8020-576.31-06
172.36
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-8020-576.42-10
0.69
CAPTAIN T'S
LIFGUARD UNIFORMS
001-8020-576.31-01
714.92
KIEFER & ASSOCIATES, ADOLPH
SPORTING & ATHLETIC EQUIP
001-8020-576.34-01
107.70
Jayna Lafferty
ADDRESS STAMP
001-8020-576.31-01
23.62
ENVELOPES, LAMINATING SHE
001-8020-576.31-01
48.54
MARKING PENCIL REFILLS
001-8020-576.31-01
17.93
Leah Gould
BREAK ROOM SUPPLIES
001-8020-576.31-01
10.43
QWEST
8-23 a/c 206T310164584B
001-8020-576.42-10
11.13
8-16 a/c 206T35933657013
001-8020-576.42-10
11.13
8-23 a/c 206T302306084B
001-8020-576.42-10
8.16
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-8020-576.42-10
0.25
Parks & Recreation
William Shore Pool
Division Total:
$1,142.86
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-8050-536.42-10
0.35
AUTOMATIC WILBERT VAULT CO INC
CEMETERY SUPPLIES
001-8050-536.34-01
1,818.00
MISCELLANEOUS SERVICES
001-8050-536.34-01
1,068.00
BLAKE SAND & GRAVEL INC
SEED,SOD,SOIL&INOCULANT
001-8050-536.31-20
51.71
PACIFIC OFFICE EQUIPMENT INC
COPYING MACHINE SUPPLIES
001-8050-536.31-01
34.40
PEN PRINT INC
PRINTING,SILK SCR,TYPSET
001-8050-536.31-01
704.60
QUIRING MONUMENTS INC
CEMETERY MARKERS
001-8050-536.34-01
80.00
CEMETERY MARKERS
001-8050-536.34-01
516.00
CEMETERY MARKERS
001-8050-536.34-01
421.00
QWEST
8-23 a/c 206T310164584B
001-8050-536.42-10
5.56
8-16 a/c 206T35933657013
001-8050-536.42-10
5.56
8-23 a/c 206T302306084B
001-8050-536.42-10
4.08
WASHINGTON (DIS), STATE OF
Scan Chgs-July
001-8050-536.42-10
1.55
Parks & Recreation
Ocean View Cemetery
Division Total:
$4,710.81
AMSAN OLYMPIC SUPPLY
Safety Absorbant
001-8080-576.31-01
55.38
JANITORIAL SUPPLIES
001-8080-576.31-20
32.73
ANGELES MILLWORK & LUMBER CO
SUPPLIES
001-8080-576.31-20
30.37
LUMBER& RELATED PRODUCTS
001-8080-576.31-20
11.95
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
001-8080-576.42-10
1.73
BAXTER AUTO PARTS #15
JANITORIAL SUPPLIES
001-8080-576.31-20
42.21
BLAKE SAND & GRAVEL INC
NURSERY STOCK & SUPPLIES
001-8080-576.31-40
38.05
SEED, SOD, SOI L&INOCULANT
001-8080-576.31-40
325.20
LINCOLN INDUSTRIAL CORP
METALS, BARS, PLATES, RODS
001-8080-576.31-20
21.46
METALS, BARS, PLATES, RODS
001-8080-576.31-20
19.43
COREY DELIKAT
Tuition Reimbursement -CD
001-8080-576.43-10
1,315.90
OLYMPIC LAUNDRY & DRY CLEANERS
RAGS,SHOP TOWELS,WIPING
001-8080-576.31-01
7.59
PACIFIC OFFICE EQUIPMENT INC
SUPPLIES
001-8080-576.31-20
32.46
L-16
Page 9
Date: 9/9/2009
City of Port Angeles
a r- City Council Expenditure Report
•�
From: 8/22/2009 To: 9/4/2009
Vendor
PARKER PAINT MFG CO INC
PENINSULA DAILY NEWS
QWEST
SUNSET DO -IT BEST HARDWARE
SWAIN'S GENERAL STORE INC
UNITED RENTALS NORTHWEST INC
VERIZON WIRELESS
WASHINGTON (DIS), STATE OF
Parks & Recreation
AMSAN OLYMPIC SUPPLY
•BLAKE SAND & GRAVEL INC
Facilities Maintanance
AT&T BUSINESS SERVICE
PORT ANGELES CITY TREASURER
QWEST
VERIZON WIRELESS
Facilities Maintanance
AT&T BUSINESS SERVICE
CED/CONSOLIDATED ELEC DIST INC
QWEST
Facilities Maintanance
Description
PAINTS,COATINGS,WALLPAPER
SEASONALLABORERS
PARKS SUMMER POSITIONS AD
8-23 a/c 206T3101645846
8-16 a/c 206T359336570B
8-23 a/c 206T30230608413
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
SUPPLIES
SUPPLIES
HARDWARE,AND ALLIED ITEMS
TWINE
HARDWARE,AND ALLIED ITEMS
8-22 a/c 571136182-00003
Scan Chgs-July
Park Facilities
Parks & Recreation
CHEMICAL, COMMERCIAL,BULK
HARDWARE,AND ALLIED ITEMS
Pool Facilities
8-13 a/c 017 213-4468 001
Keys-Breitbach
8-23 a/c 206T31016458413
8-16 a/c 206T359336570B
8-23 a/c 206T30230608413
8-22 a/c 571136182-00005
Custodial/Janitorial Svcs
8-13 a/c 017 213-4468 001
ELECTRICAL EQUIP & SUPPLY
8-23 a/c 206T310164584B
8-16 a/c 206T3593365706
8-23 a/c 206T30230608413
Central Svcs Facilities
Facilities Maintanance
Account Number
001-8080-576.31-20
001-8080-576.44-10
001-8080-576.44-10
001-8080-576.42-10
001-8080-576.42-10
001-8080-576.42-10
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.42-10
001-8080-576.42-10
Division Total:
Department Total:
001-8120-576.31-05
001-8120-576.31-20
Division Total:
001-8130-518.42-10
001-8130-518.31-01
001-8130-518.42-10
001-8130-518.42-10
001-8130-518.42-10
001-8130-518.42-10
Division Total.
001-8131-518.42-10
001-8131-518.31-20
001-8131-518.42-10
001-8131-518.42-10
001-8131-518.42-10
Division Total.
Department Total:
Invoice Amount
28.56
40.76
353.75
27.82
27.82
20.39
29.26
18.64
16.74
11.28
64.62
45.98
41.83
83.12
2.17
$2,747.20
$11,185.40
65.24
127.04
$192.28
0.17
4.34
2.78
2.78
2.04
13.65
$25.76
0.17
15.96
2.78
2.78
2.04
$23.73
$241.77
General Fund
Fund Total.
$96,883.64
AMSAN OLYMPIC SUPPLY
Safety Absorbant
102-7230-542.31-01
55.38
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
102-7230-542.42-10
0.87
CLINICARE OF PORT ANGELES INC
DOT PHYSICAL - C ROMERO
102-7230-542.49-90
85.00
DOT PHYSICAL - G WEHR
102-7230-542.49-90
85.00
•FEDERAL EXPRESS CORP
Shipping Chgs pe 8-28
102-7230-542.42-10
24.56
FERRELLGAS INC
PIPE FITTINGS
102-7230-542.35-01
5.85
GLOBAL CHEM SOURCE LLC
ROAD/HWY MATERIALS ASPHLT
102-7230-542.31-20
738.50
L-17
Page 10
Date: 9/9/2009
City of Port Angeles
City Council Expenditure Report
::;-. •
•��-'�-
From: 8/22/2009 To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
PENINSULA DAILY NEWS
SEASONAL LABORERS
102-7230-542.44-10
40.77
PUD #1 OF CLALLAM COUNTY
Lauridsen Blvd & L St
102-7230-542.47-10
12.76
QWEST
8-23 a/c 206T310164584B
102-7230-542.42-10
13.91
AT&T BUSINESS SERVICE
8-16 a/c 206T359336570B
102-7230-542.42-10
13.91
DELL MARKETING LP
8-23 a/c 206T302306084B
102-7230-542.42-10
10.20
SUNSET DO -IT BEST HARDWARE
SUPPLIES
102-7230-542.35-01
5.24
SWAIN'S GENERAL STORE INC
AIR CONDITIONING & HEATNG
102-7230-542.35-01
96.29
UNITED RENTALS NORTHWEST INC
SUPPLIES
102-7230-542.31-20
447.90
VERIZON WIRELESS
8-22 a/c 571136182-00003
102-7230-542.42-10
121.88
WASHINGTON (DIS), STATE OF
Scan Chgs-July
102-7230-542.42-10
3.08
Public Works -Street
Street
Division Total.
$1,761.10
Public Works -Street
Department Total:
$1,761.10
Street Fund
Fund Total:
$1,761.10
ADVANCED TRAVEL
PNW Econ Dev Conf-West
103-1511-558.43-10
551.91
NOAA Debrief -West
103-1511-558.43-10
67.60
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
103-1511-558.42-10
0.09
PORT ANGELES CITY TREASURER
PABA Brkfast Mtg-West
103-1511-558.31-01
5.07
Chamber Mtgs-West
103-1511-558.31-01
15.50
QWEST
8-23 a/c 206T310164584B
103-1511-558.42-10
1.39
8-16 a/c 206T359336570B
103-1511-558.42-10
1.39
8-23 a/c 206T302306084B
103-1511-558.42-10
1.02
Economic Development
Economic Development
Division Total:
$643.97
Economic Development
Department Total:
$643.97
Economic Development
Fund Total:
$643.97
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
106-1512-558.42-10
0.17
QWEST
8-23 a/c 206T310164584B
106-1512-558.42-10
2.78
8-16 a/c 206T359336570B
106-1512-558.42-10
2.78
8-23 a/c 206T302306084B
106-1512-558.42-10
2.04
WASHINGTON (DIS), STATE OF
Scan Chgs-July
106-1512-558.42-10
3.38
Economic Development
Archaeologist
Division Total:
$11.15
Economic Development
Department Total:
$11.15
•
Page 11
Cultural Resources
Fund Total:
$11.15
ADVANCED TRAVEL
Schl Rsrce Offcr Trg-Rife
107-5160-528.43-10
1,048.38
E911 A/C Mtg-Romberg
107-5160-528.43-10
275.38
AHRENS, KENNETH E
Rental Fees
107-5160-528.45-30
700.00
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
107-5160-528.42-10
4.68
DELL MARKETING LP
COMPUTER HARDWARE&PERIPHI 107-5160-528.31-60
168.00
NEW WORLD SYSTEMS
TRVL EXPENSES - RICO CAST
107-5160-594.65-10
1,696.05
3RD PARTY MESSAGE SWITCH
107-5160-594.65-10
7,479.60
OLYMPIC STATIONERS INC
PAPER (OFFICE,PRINT SHOP)
107-5160-528.31-01
105.58 •
PENINSULA DAILY NEWS
SYS COORDINATOR CLASSIFIE
107-5160-528.44-10
163.07
QWEST
8-23 a/c 206T310164584B
107-5160-528.42-10L
_7.813
Page 11
City of Port Angeles
City Council Expenditure Report
•From: 8/22/2009 To: 9/4/2009
Date: 9/9/2009
Vendor
Description
Account Number
Invoice Amount
QWEST
8-16 a/c 206T35933657013
107-5160-528.42-10
75.13
8-23 a/c 206T302306084B
107-5160-528.42-10
55.06
VERIZON WIRELESS
COMMUNICATIONS/MEDIA SERV
107-5160-528.42-10
171.39
WASHINGTON (DIS), STATE OF
Scan Chgs-July
107-5160-528.42-10
65.01
Pencom
Pencom
Division Total.
$12,082.46
Pencom
Department Total:
$12,082.46
Pencom Fund
Fund Total:
$12,082.46
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
174-8221-574.42-10
0.17
BILL'S PLUMBING & HEATING INC
SHANE PARK SANICANS
174-8221-574.31-01
170.00
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
174-8221-574.45-31
298.97
FLUETSCH, ROBERT LEROY
UMPIRE PAYMENT
174-8221-574.41-50
110.00
GREAT AMERICA LEASING CORP
OFFICE MACHINES & ACCESS
174-8221-574.45-31
64.72
PIMENTEL, HENRY
UMPIRE PAYMENT
174-8221-574.41-50
374.00
QWEST
8-23 a/c 206T31016458413
174-8221-574.42-10
2.78
8-16 a/c 206T359336570B
174-8221-574.42-10
2.78
8-23 a/c 206T30230608413
174-8221-574.42-10
2.04
RAMSEY, SCOTT
UMPIRE PAYMENT
174-8221-574.41-50
220.00
ROONEY, RANDY L
UMPIRE PAYMENT
174-8221-574.41-50
308.00
•SCHUBA, DONALD J
REFEREE PAYMENT
174-8221-574.41-50
12.50
THAYER, JEFFREY
UMPIRE PAYMENT
174-8221-574.41-50
330.00
WASHINGTON (DIS), STATE OF
Scan Chgs-July
174-8221-574.42-10
12.45
WHITTEN, BILL P
UMPIRE PAYMENT
174-8221-574.41-50
198.00
Recreation Activities
Sports Programs
Division Total:
$2,106.41
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
174-8222-574.42-10
0.17
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
174-8222-574.45-31
298.97
GREAT AMERICA LEASING CORP
OFFICE MACHINES & ACCESS
174-8222-574.45-31
64.72
QWEST
8-23 a/c 206T31016458413
174-8222-574.42-10
2.78
8-16 a/c 206T359336570B
174-8222-574.42-10
2.78
8-23 a/c 206T30230608413
174-8222-574.42-10
2.04
WASHINGTON (DIS), STATE OF
Scan Chgs-July
174-8222-574.42-10
4.50
Recreation Activities
Special Events
Division Total:
$375.96
ALBERTSONS INC
HUMAN SERVICES
174-8224-574.31-01
75.87
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
174-8224-574.42-10
0.17
CLALLAM TRANSIT SYSTEM
DAYCAMP FIELD TRIPS JULY
174-8224-574.31-01
41.25
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
174-8224-574.45-31
298.97
GREAT AMERICA LEASING CORP
OFFICE MACHINES & ACCESS
174-8224-574.45-31
64.72
Amber Mozingo
REIM DAY CAMP SUPPLIES
174-8224-574.31-01
190.39
PORT ANGELES CITY TREASURER
Day Camp Supplies -BR
174-8224-574.31-01
8.55
QWEST
8-23 a/c 206T310164584B
174-8224-574.42-10
2.78
8-16 a/c 206T359336570B
174-8224-574.42-10
2.78
•
8-23 a/c 206T302306084B
174-8224-574.42-10
2.04
VERIZON WIRELESS
8-22 a/c 571136182-00005
174-8224-574.42-10
37.09
L-19
Page 12
y'Date: 9/9/2009
•ilk.
City of Port Angeles
City Council Expenditure Report
From: 812212009 To: 9/4/2009 •
Vendor
Description
Account Number
Invoice Amount
WASHINGTON (DIS), STATE OF
Scan Chgs-July
174-8224-574.42-10
0.48
Recreation Activities
Youth/Family Programs
Division Total:
$725.09
Recreation Activities
Department Total:
$3,207.46
Recreational Activities
Fund Total:
$3,207.46
PENINSULA BOTTLING CO INC
COOLER, DRINKING WATER
178-5351-521.35-01
10.00
Firearms Range
Firearms Range
Division Total:
$10.00
Firearms Range
Department Total:
$10.00
Firearms Range
Fund Total.
$10.00
BILL'S PLUMBING & HEATING INC
SANIKAN RAYONIER SITE AU
186-0000-239.91-00
85.00
Division Total.
$85.00
Department Total.
$85.00
Waterfront Trail
Fund Total:
$85.00
MULTI -MODAL GATEWAY ACQUISITION
Gateway Bond -Pmt 7
215-2449-591.71-10
38,199.98
Gateway Bond -Pmt 7
215-2449-592.81-10
5,245.00
Debt Service
Parking Facilities
Division Total:
$43,444.98
Debt Service
Department Total:
$43,444.98
2006 LTGO-Prop Acquishn
Fund Total:
$43,444.98
COLUMBIA TELECOMMUNICATIONS COR NETWORK NEEDS ASSESSMENT
310-7919-594.41-50
1,790.68
Capital Projects -Pub Wks
GF -Pub Wks Projects
Division Total:
$1,790.68
•
ASM SIGNS
E CORRIDOR SIDEWALK SIGN
310-7930-595.65-10
67.06
INVARION, INC
SUPPLIES
310-7930-595.65-10
504.06
SUPPLIES
310-7930-595.65-10
504.06
Capital Projects -Pub Wks
GF -Street Projects
Division Total:
$1,075.18
INVARION, INC
SUPPLIES
310-7961-595.65-10
504.06
UNITED RENTALS NORTHWEST INC
SURVEY SUPPLIES
310-7961-595.65-10
142.38
Capital Projects -Pub Wks
ST -Sidewalk Improvement
Division Total:
$646.44
CLALLAM TRANSIT SYSTEM
GATEWAY -JULY
310-7965-595.65-10
59,293.09
PRIMO CONSTRUCTION INC
GATEWAY TREE GRATES
310-7965-595.65-10
4,795.89
Capital Projects -Pub Wks
ST -Multi -Modal Transp Ctr
Division Total.
$64,088.98
Capital Projects -Pub Wks
Department Total:
$67,601.28
Capital Improvement
Fund Total:
$67,601.28
PARSONS RCI, INC
PW CONSTRUCTION & RELATED
328-7950-595.65-10
162,030.00
Capital Projects -Pub Wks
8th St Bridge Reconst
Division Total:
$162,030.00
Capital Projects -Pub Wks
Department Total:
$162,030.00
8th St Bridge Reconstr
Fund Total:
$162,030.00
AMERICAN SAFETY UTILITY CORP
ELECTRICAL EQUIP & SUPPLY
401-0000-237.00-00
-32.43
ELECTRICAL EQUIP & SUPPLY
401-0000-237.00-00
-9.92
BPA -POWER WIRES
July Power Wire -EFT
401-0000-213.10-00
654,380.00 .
July Power Wire -EFT
401-0000-213.10-00
156,492.00
CLALLAM CNTY AUDITOR
RECORDING FEE
401-0000-245.90-00
248.00
•
GENERAL PACIFIC INC
ELECTRICAL EQUIP & SUPPLY
401-0000-141.40-00
294.31
L-20
Page
13
Date: 9/9/2009
City of Port Angeles
t City Council Expenditure Report
• "R} ^ " From: 8/22/2009 To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
HUGHES UTILITIES LTD
ELECTRICAL CABLES & WIRES
401-0000-141.40-00
1,249.09
ELECTRICAL EQUIP & SUPPLY
401-0000-141.40-00
892.72
ELECTRICAL EQUIP & SUPPLY
401-0000-141.40-00
2,799.32
ANDERSON, EULAH M
DUPLICATE PAYMENT REFUND
401-0000-122.10-99
199.33
BAZE, JONATHAN
UB CR REFUND -FINALS
401-0000-122.10-99
50.10
BECERRA, JOHN
UB CR REFUND -FINALS
401-0000-122.10-99
56.18
BROWN, CRYSTAL L
UB CR REFUND -FINALS
401-0000-122.10-99
157.75
BUREAU, DAVID A
UB CR REFUND -FINALS
401-0000-122.10-99
100.70
DAVIS, NICOLE L
UB CR REFUND -FINALS
401-0000-122.10-99
164.17
GARCIA, CONNIE
UB CR REFUND -FINALS
401-0000-122.10-99
80.90
GEORGIU, DANIEL JOHN
UB CR REFUND -FINALS
401-0000-122.10-99
84.65
GIDEON, KIMBERLY A
UB CR REFUND -FINALS
401-0000-122.10-99
130.00
HARDING, KRISTY M
UB CR REFUND -FINALS
401-0000-122.10-99
85.79
LAW OFFICE OF STAN MYERS
UB CR REFUND -FINALS
401-0000-122.10-99
68.23
MALM, JOHN C
UB CR REFUND -FINALS
401-0000-122.10-99
61.15
MORRIS, CASEY L
UB CR REFUND -FINALS
401-0000-122.10-99
93.63
NELSON, SCOTT AARON
UB CR REFUND -FINALS
401-0000-122.10-99
17.86
PETERSON, ESTATE OF KENNETH L
OVERPAYMENT -813 E 6TH ST
401-0000-122.10-99
3.11
ROJAS, KATHY
UB CR REFUND -FINALS
401-0000-122.10-99
74.95
SCHONIG, JILLIAN A
UB CR REFUND -FINALS
401-0000-122.10-99
41.61
SKAGGS, WILLIAM
UB CR REFUND -FINALS
401-0000-122.10-99
68.76
UB CR REFUND -FINALS
401-0000-122.10-99
59.85
SLOTH, SARAH A
UB CR REFUND -FINALS
401-0000-122.10-99
114.20
STEELE, JOSEPH A
UB CR REFUND -FINALS
401-0000-122.10-99
51.37
TULLOCH, BRENT M
UB CR REFUND -FINALS
401-0000-122.10-99
20.92
WARD, REBECCA ANN
UB CR REFUND -FINALS
401-0000-122.10-99
46.92
PACIFIC METERING INC
ELECTRICAL EQUIP & SUPPLY
401-0000-141.40-00
6,365.89
ELECTRICAL EQUIP & SUPPLY
401-0000-237.00-00
-493.30
WESCO DISTRIBUTION INC
ELECTRICAL EQUIP & SUPPLY
401-0000-141.40-00
319.08
FASTENERS, FASTENING DEVS
401-0000-141.40-00
270.32
Division Total:
$824,607.21
Department Total:
$824,607.21
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
401-7111-533.42-10
0.52
NORTHWEST PUBLIC POWER ASSN
REGISTRATION -STAKING
401-7111-533.43-10
725.00
QWEST
8-23 a/c 206T310164584B
401-7111-533.42-10
8.35
8-16 a/c 206T359336570B
401-7111-533.42-10
8.35
8-23 a/c 206T302306084B
401-7111-533.42-10
6.12
WASHINGTON (DIS), STATE OF
Scan Chgs-July
401-7111-533.42-10
6.06
Public Works -Electric
Engineering -Electric
Division Total:
$754.40
•
ADVANCED TRAVEL
Energy NW Mtg-Dunbar
WPAG Mtg-Lusk
401-7120-533.43-10
634.01
401-7120-533.43-10
80.55
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
401-7120-533.42-10
0.52
L-21
Page
14
Date: 9/9/2009
City of Port Angeles
f _ _ City Council Expenditure Report
From: 8/22/2009 To: 9/4/2009 •
Vendor
Description
Account Number
Invoice Amount
COLUMBIA TELECOMMUNICATIONS COR NETWORK NEEDS ASSESSMENT
401-7120-533.41-50
1,984.61
JUNE SERVICES
401-7120-533.41-50
9,574.03
NETWORK NEEDS ASSESSMENT
401-7120-533.41-50
2,441.82
DELL MARKETING LP
COMPUTER HARDWARE&PERIPHI
401-7120-533.31-60
168.00
EES CONSULTING INC
WPAG 2009
401-7120-533.49-01
943.19
NORTHWEST PUBLIC POWER ASSN
TIER 2 RESOURCE STRATEGY
401-7120-533.41-50
6,431.40
QWEST
8-23 a/c 206T310164584B
401-7120-533.42-10
8.35
8-16 a/c 206T359336570B
401-7120-533.42-10
8.35
8-23 a/c 206T3023060848
401-7120-533.42-10
6.12
WASHINGTON (DIS), STATE OF
Scan Chgs-July
401-7120-533.42-10
62.61
Public Works -Electric
Power Systems
Division Total:
$22,343.56
AMERICAN SAFETY UTILITY CORP
ELECTRICAL EQUIP & SUPPLY
401-7180-533.35-01
418.49
ELECTRICAL EQUIP & SUPPLY
401-7180-533.35-01
128.09
AMSAN OLYMPIC SUPPLY
OFFICE SUPPLIES, GENERAL
401-7180-533.31-01
376.02
Safety Absorbant
401-7180-533.31-01
55.38
ANGELES MILLWORK & LUMBER CO
LUMBER& RELATED PRODUCTS
401-7180-533.34-02
9.25
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
401-7180-533.42-10
4.16
BANK OF NEW YORK -DEBT SVC WIRE
Debt Service Pmt -EFT
401-7180-591.71-10
100,000.00
Debt Service Pmt -EFT
401-7180-591.71-10
125,000.00
Debt Service Pmt -EFT
401-7180-592.81-10
46,450.00
Debt Service Pmt -EFT
401-7180-592.81-10
54,866.25
BAXTER AUTO PARTS #15
RAGS,SHOP TOWELS,WIPING
401-7180-533.34-02
11.88
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
2.47
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
14.35
CED/CONSOLIDATED ELEC DIST INC
ELECTRONIC COMPONENTS
401-7180-533.34-02
130.08
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
594.03
CLALLAM CNTY AUDITOR
RECORDING FEE
401-7180-533.49-90
124.00
DIGITAL IMAGING SOLUTIONS INC
COPIES THRU 8/31/09
401-7180-533.45-31
19.05
ESCI
EDUCATIONAL SERVICES
401-7180-533.41-50
1,789.00
FASTENAL INDUSTRIAL
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
0.98
GREAT AMERICA LEASING CORP
RENTAL OR LEASE SERVICES
401-7180-533.45-31
42.43
HARTNAGEL BUILDING SUPPLY INC
PW CONSTRUCTION & RELATED
401-7180-533.34-02
23.24
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
13.16
MATCO TOOLS
ELECTRICAL EQUIP & SUPPLY
401-7180-533.35-01
209.37
ELECTRICAL EQUIP & SUPPLY
401-7180-533.35-01
625.14
NELSON TRUCK EQUIPMENT CO INC
AUTO BODIES & ACCESSORIES
401-7180-533.34-02
1,362.59
NORTH COAST ELECTRIC COMPANY
PIPE FITTINGS
401-7180-533.34-02
774.18
OLYMPIC LAUNDRY & DRY CLEANERS
LAUNDRY/DRY CLEANING SERV
401-7180-533.41-50
64.42
LAUNDRY/DRY CLEANING SERV
401-7180-533.41-50
64.42
LAUNDRY/DRY CLEANING SERV
401-7180-533.41-50
64.42
LAUNDRY/DRY CLEANING SERV
401-7180-533.41-50
64.42
OLYMPIC STATIONERS INC
OFFICE SUPPLIES, GENERAL
401-7180-533.31-01
18.48
L-22
Page 15
C,
City of Port Angeles Date: 9/9/2009
City Council Expenditure Report
•From: 8/22/2009 To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
PACIFIC OFFICE EQUIPMENT INC
RADIO & TELECOMMUNICATION
401-7180-533.31-01
21.63
PENINSULA DAILY NEWS
LEGAL ADS
401-7180-533.44-10
55.89
PORT ANGELES CITY LIGHT
Ice -Deane
401-7180-533.31-01
3,00
Ice -Deane
401-7180-533.31-01
3.18
Hot Dogs/Fair Demo-Wahto
401-7180-533.31-01
30.80
CDL license -G McCabe
401-7180-533.43-10
30.00
PORT ANGELES CITY TREASURER
Callout Meal-Hainstock
401-7180-533.31-01
29.50
PORT ANGELES POWER EQUIPMENT
EQUIP MAINT & REPAIR SERV
401-7180-533.48-10
6.26
PORT OF PORT ANGELES
Lease Fees
401-7180-533.45-30
4,100.00
PUD #1 OF CLALLAM COUNTY
MISC PROFESSIONAL SERVICE
401-7180-533.41-50
69.94
MISC PROFESSIONAL SERVICE
401-7180-533.41-50
15.39
QWEST
8-14 a/c 3604574717777B
401-7180-533.42-10
40.69
8-16 a/c 206T322760994B
401-7180-533.42-10
54.54
8-16 a/c 206T323879996B
401-7180-533.42-10
54.54
8-16 a/c 20673238819988
401-7180-533.42-10
54.54
8-16 a/c 206T326157000B
401-7180-533.42-10
54.54
8-23 a/c 206T310164584B
401-7180-533.42-10
66.78
8-16 a/c 206T359336570B
401-7180-533.42-10
66.78
8-23 a/c 206T302306084B
401-7180-533.42-10
48.94
SAFETY & SUPPLY COMPANY
FIRE PROTECTION EQUIP/SUP
401-7180-533.31-01
343.23
SCHMITT'S SHEET METAL INC
MANUFACTURING COMPONENTS, 401-7180-533.48-10
727.35
SECURITY SERVICE NW, INC
COMMUNICATIONS/MEDIA SERV
401-7180-533.41-50
600.00
STAINLESS FASTENERS, INC
FASTENERS, FASTENING DEVS
401-7180-533.34-02
321.95
SUNSET DO -IT BEST HARDWARE
METALS, BARS, PLATES, RODS
401-7180-533.34-02
41.16
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
35.50
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
3.40
FASTENERS, FASTENING DEVS
401-7180-533.34-02
11.51
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
19.50
Outdoor box
401-7180-533.34-02
13.81
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
17.80
FASTENERS, FASTENING DEVS
401-7180-533.34-02
10.38
SWAIN'S GENERAL STORE INC
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
6.50
PAINTS, COATI NGS,WALLPAPE R
401-7180-533.34-02
3.54
PW CONSTRUCTION & RELATED
401-7180-533.34-02
21.40
RENTAULEASE EQUIPMENT
401-7180-533.34-02
35.98
PAINTS, COATI NGS,WALLPAPE R
401-7180-533.34-02
37.27
FLOOR MAINT MACHINE,PARTS
401-7180-533.34-02
25.73
THURMAN SUPPLY
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
18.67
PLASTICS
401-7180-533.34-02
17.47
VERIZON WIRELESS
7-28 a/c 271138138-00003
401-7180-533.42-10
62.95
•
7-22 a/c 571136182-00002
401-7180-533.42-10
123.45
8-22 a/c 571136182-00002
401-7180-533.42-10
107.11
L-23
Page 16
Date: 9/9/2009
City of Port Angeles
City Council Expenditure Report
f
.�..�
•n*�� `��
From: 8/22/2009
To: 9/4/2009
0
Vendor
Description
Account Number
Invoice Amount
WAGNER-SMITH EQUIPMENT CO
ELECTRICAL EQUIP & SUPPLY
401-7180-533.35-01
295.04
ELECTRICAL EQUIP & SUPPLY
401-7180-533.35-01
327.10
WASHINGTON (DIS), STATE OF
Scan Chgs-July
401-7180-533.42-10
13.46
WESCO DISTRIBUTION INC
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
860.70
SHIPPING AND HANDLING
401-7180-533.42-10
32.74
Public Works -Electric
Electric Operations
Division Total:
$342,261.39
Public Works -Electric
Department Total:
$365,359.35
Electric Utility Fund
Fund Total:
$1,189,966.56
FEI EVERETT 3023(FAMILIAN)
PIPE FITTINGS
402-0000-141.40-00
3,617.40
GOLDAK/UDSEC
ELECTRICAL EQUIP & SUPPLY
402-0000-237.00-00
-14.87
NIAGRA CONSERVATION CORP
WATER CONS DEVICES
402-0000-237.00-00
-60.63
Division Total:
$3,541.90
Department Total:
$3,541.90
AMSAN OLYMPIC SUPPLY
Safety Absorbant
402-7380-534.31-01
55.38
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
402-7380-534.42-10
1.04
BECKWITH & KUFFEL
PUMPS & ACCESSORIES
402-7380-534.34-02
4,038.44
CLALLAM CNTY DEPT OF HEALTH
TESTING&CALIBRATION SERVI
402-7380-534.41-50
40.00
DATABAR INCORPORATED
SHIPPING AND HANDLING
402-7380-534.44-10
13.15
EDGE ANALYTICAL
TESTING&CALIBRATION SERVI
402-7380-534.41-50
15.00
•
TESTI NG&CALI B RATION SERVI
402-7380-534.41-50
800.00
FASTENAL INDUSTRIAL
SUPPLIES
402-7380-534.31-20
34.68
SUPPLIES
402-7380-534.31-20
69.35
FEDERAL EXPRESS CORP
Shipping Chgs pe 8-28
402-7380-534.42-10
29.54
FOWLER COMPANY, H D
PLUMBING EQUIP FIXT,SUPP
402-7380-534.34-02
271.84
GOLDAK/UDSEC
ELECTRICAL EQUIP & SUPPLY
402-7380-534.31-20
191.87
HOLCOMB & COMPANY, D
ROAD/HWY MAT NONASPHALTIC
402-7380-534.31-20
56.91
JOBS AVAILABLE INC
COMMUNICATIONS/MEDIA SERV
402-7380-534.44-10
210.00
DENNIS EDGINGTON
SUPERIOR PERFORMANCE-LUNC402-7380-534.31-01
86.22
NIAGRA CONSERVATION CORP
WATER CONS DEVICES
402-7380-534.44-10
782.33
PARKER PAINT MFG CO INC
PAINTS,COATINGS,WALLPAPER
402-7380-534.31-20
98.05
PAINTS,COATINGS,WALLPAPER
402-7380-534.31-20
82.37
PENINSULA DAILY NEWS
SEASONAL LABORERS
402-7380-534.44-10
40.77
POINTS SHARP STEEL INC
SUPPLIES
402-7380-534.35-01
40.38
PORT ANGELES CITY TREASURER
Ferry Ticket -Klimek
402-7380-534.43-10
28.90
PUD #1 OF CLALLAM COUNTY
Service @ Reservoir Rd
402-7380-534.47-10
35.34
Crown Z Water Rd
402-7380-534.47-10
17.79
QWEST
8-10 a/c 360Z100240955B
402-7380-534.42-10
414.46
8-23 a/c 206T310164584B
402-7380-534.42-10
16.69
8-16 a/c 206T359336570B
402-7380-534.42-10
16.69
8-23 a/c 206T302306084B
402-7380-534.42-10
12.24
•
SWAIN'S GENERAL STORE INC
HARDWARE,AND ALLIED ITEMS
402-7380-534.31-20
55.15
UTILITIES UNDERGROUND LOC CTR
JULY NOTIFICATIONS
402-7380-534.48-10
24.30
L-24
Page 17
City of Port Angeles
City Council Expenditure Report
is "�� From: 812212009 To: 9/4/2009
Date: 9/9/2009
Vendor
Description
Account Number
Invoice Amount
WASHINGTON (DIS), STATE OF
Scan Chgs-July
402-7380-534.42-10
12.12
WHISTLE WORKWEAR
FIRST AID & SAFETY EQUIP.
402-7380-534.31-01
97.70
WWCCPPGROUP
RON BECKER TRAVEL REGISTR '
402-7380-534.43-10
100.00
Public Works -Water
Water
Division Total:
$7,788.70
Public Works -Water
Department Total:
$7,788.70
Water Fund
Fund Total.
$11,330.60
FLO TREND SYSTEMS, INC
PAINTING EQUIPMENT & ACC
403-0000-237.00-00
-2.20
NOTIONS & RELATED SEWING
403-0000-237.00-00
-19.75
THERMAL PIPE SYSTEMS
PIPE FITTINGS
403-0000-237.00-00
-41.72
Division Total.
-$63.67
Department Total:
-$63.67
ADVANCED TRAVEL
WWRSS-Brockopp
403-7480-535.43-10
226.99
WWRSS-Divelbiss
403-7480-535.43-10
191.39
AMSAN OLYMPIC SUPPLY
Safety Absorbant
403-7480-535.31-01
55.38
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
403-7480-535.42-10
1.39
CED/CONSOLIDATED ELEC DIST INC
ELECTRICAL EQUIP & SUPPLY
403-7480-535.31-01
58.10
EDGE ANALYTICAL
TESTING&CALIBRATION SERVI
403-7480-535.41-50
1,869.00
FEDERAL EXPRESS CORP
Shipping Chgs pe 8-28
403-7480-535.42-10
26.26
•
FLO TREND SYSTEMS, INC
NOTIONS & RELATED SEWING
403-7480-535.31-01
254.83
PAINTING EQUIPMENT & ACC
403-7480-535.31-20
28.32
HACH COMPANY
SUPPLIES
403-7480-535.31-01
62.92
SUPPLIES
403-7480-535.31-20
508.40
SUPPLIES
403-7480-535.31-20
-508.40
HARRINGTON INDUSTRIAL PLASTICS
SUPPLIES
403-7480-535.31-20
26.87
NAUTILUS ENVIRONMENTAL
TESTING&CALIBRATION SERVI
403-7480-535.41-50
450.00
OLYMPIC LAUNDRY & DRY CLEANERS
RAGS,SHOP TOWELS,WIPING
403-7480-535.31-01
15.18
OLYMPIC REGION CLEAN AIR AGCY
MEMBERSHIPS
403-7480-535.49-90
515.00
OLYMPIC STATIONERS INC
SUPPLIES
403-7480-535.31-01
88,02
SUPPLIES
403-7480-535.31-01
25.37
PENINSULA DAILY NEWS
SEASONAL LABORERS
403-7480-535.44-10
40.77
PORT ANGELES CITY TREASURER
Bottled Water -Young
403-7480-535.31-01
15.96
Gasket Parts -Young
403-7480-535.31-20
48.77
Postage -Young
403-7480-535.42-10
11.30
PUD #1 OF CLALLAM COUNTY
Service @ Brook Ave
403-7480-535.47-10
279.63
QWEST
8-14 a/c 36045763156898
403-7480-535.42-10
79.22
8-14 a/c 3604574859247B
403-7480-535.42-10
79.12
8-16 a/c 206T329544912B
403-7480-535.42-10
54.40
8-16 a/c 206T325585090B
403-7480-535.42-10
54.40
8-23 a/c 206T310164584B
403-7480-535.42-10
22.26
•
8-16 a/c 206T359336570B
403-7480-535.42-10
22.26
8-23 a/c 206T302306084B
403-7480-535.42-10
16.31
SUNSET DO -IT BEST HARDWARE
HARDWARE,AND ALLIED ITEMS
403-7480-535.31-01
90.45
L-25
Page 18
Date: 9/9/2009
,�.,.,
City of Port Angeles
{
4'
City Council Expenditure
Report
From: 8/22/2009
To: 9/4/2009
•
Vendor
Description
Account Number
Invoice Amount
SWAIN'S GENERAL STORE INC
FOODS: PERISHABLE
403-7480-535.31-01
11.91
THERMAL PIPE SYSTEMS
PIPE FITTINGS
403-7480-535.31-20
538.31
UTILITIES UNDERGROUND LOC CTR
JULY NOTIFICATIONS
403-7480-535.41-50
24.30
VERIZON WIRELESS
8-22 a/c 571136182-00004
403-7480-535.42-10
40.34
WASHINGTON (DIS), STATE OF
Scan Chgs-July
403-7480-535.42-10
10.62
Public Works-WW/Storm%
Wastewater
Division Total:
$5,335.35
Public Works-WW/Stormwtr
Department Total:
$5,335.35
Wastewater Fund
Fund Total:
$5,271.68
AMSAN OLYMPIC SUPPLY
Safety Absorbant
404-7580-537.35-01
55.38
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
404-7580-537.42-10
0.69
COLOR PRINTING SYSTEMS
PRINTING,SILK SCR,TYPSET
404-7580-537.44-10
322.45
FEDERAL EXPRESS CORP
Shipping Chgs pe 8-28
404-7580-537.42-10
10.73
HEALTHFORCE OCCMED BILLING DEPT
PRE-EMPLOYMENT - PLUTE
404-7580-537.49-90
47.00
Jason Paynter
REIMBURSEMENT FOR CDL LIC
404-7580-537.49-90
30.00
QWEST
8-23 a/c 206T310164584B
404-7580-537.42-10
11.13
8-16 a/c 206T359336570B
404-7580-537.42-10
11.13
8-23 a/c 206T302306084B
404-7580-537.42-10
8.16
WASHINGTON (DIS), STATE OF
Scan Chgs-July
404-7580-537.42-10
3.09
WSU-SPS
EDUCATIONAL SERVICES
404-7580-537.44-10
324.30
•
Public Works -Solid Waste
Solid Waste -Collections
Division Total:
$824.06
Public Works -Solid Waste
Department Total:
$824.06
Solid Waste -Collections
Fund Total:
$824.06
ASM SIGNS
MARKERS, PLAQUES,SIGNS
405-7538-537.44-10
145.77
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
405-7538-537.42-10
0.69
CLALLAM CNTY ROAD DEPT
BLDG CONSTRUC. SERVICES-
405-7538-537.49-90
1,676.16
OLYMPIC REGION CLEAN AIR AGCY
ENVIRONMENTAL&ECOLOGICAL
405-7538-537.49-90
580.00
PEN PRINT INC
PRINTING,SILK SCR,TYPSET
405-7538-537.44-10
29.81
QWEST
8-23 a/c 206T310164584B
405-7538-537.42-10
11.19
8-16 a/c 206T359336570B
405-7538-537.42-10
11.19
8-23 a/c 206T302306084B
405-7538-537.42-10
8.16
RADIO PACIFIC INC (KONP)
COMMUNICATIONS/MEDIA SERV
405-7538-537.44-10
477.00
SWAIN'S GENERAL STORE INC
FASTENERS, FASTENING DEVS
405-7538-537.31-01
69.25
WASHINGTON (DIS), STATE OF
Scan Chgs-July
405-7538-537.42-10
4.94
Public Works -Solid Waste
SW - Transfer Station
Division Total:
$3,014.16
DEPT OF FISH & WILDLIFE
5 MAPS
405-7585-537.49-90
75.00
OLYMPIC REGION CLEAN AIR AGCY
ENVIRONMENTAL&ECOLOGICAL
405-7585-537.49-90
275.00
WA STATE DEPARTMENT OF ECOLOGY
ENVIRONMENTAL&ECOLOGICAL
405-7585-537.49-90
6,683.50
Public Works -Solid Waste
Solid Waste -Landfill
Division Total:
$7,033.50
Public Works -Solid Waste
Department Total:
$10,047.66
Solid Waste-LF/Trf Stn
Fund Total:
$10,047.66
•
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
406-7412-538.42-10
0.35
CLALLAM CNTY DEPT OF COMM DEV
APRIL/MAY/JUNE TESTING
406-7412-538.41-50
250.00
L-26
Page
19
Date: 9/9/2009
City of Port Angeles
City Council Expenditure Report
•:
"r~x*�"�' From: 8/22/2009 To: 91412009
Vendor
Description
Account Number
Invoice Amount
COLOR PRINTING SYSTEMS
PRINTING,SILK SCR,TYPSET
406-7412-538.43-10
183.52
DATABAR INCORPORATED
STORMWATER ORD INSERT
406-7412-538.42-10
1,013.54
QWEST
8-23 a/c 206T310164584B
406-7412-538.42-10
5.56
8-16 a/c 206T359336570B
406-7412-538.42-10
5.56
8-23 a/c 206T302306084B
406-7412-538.42-10
4.06
WASHINGTON (DIS), STATE OF
Scan Chgs-July
406-7412-538.42-10
4.34
Public Works-WW/Storm%
Stormwater
Division Total:
$1,466.93
Public Works-WW/Stormwtr
Department Total:
$1,466.93
Stormwater Fund
Fund Total:
$1,466.93
GERALD L. JOHNSON
MEDIC I OVERPAYMENT
409-0000-213.10-90
92.34
PREMERA BLUE CROSS
PREMERA BLUE CROSS
409-0000-213.10-90
33.00
VIDACARE
MEDICAL SUPPLIES
409-0000-237.00-00
-42.19
Division Total.
$83.15
Department Total:
$83.15
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
409-6025-526.42-10
2.08
CLALLAM CNTY EMS
Medic I Advisory
409-6025-526.41-50
600.00
LIFE ASSIST
HOSP SURG ACCES & SUNDRIS
409-6025-526.31-02
120.97
MOROZ, JAMES
EDUCATIONAL SERVICES
409-6025-526.31-08
200.00
.
QWEST
8-23 a/c 206T310164584B
409-6025-526.42-10
33.39
8-16 a/c 206T359336570B
409-6025-526.42-10
33.39
8-23 a/c 206T302306084B
409-6025-526.42-10
24.47
REIFENSTAHL, PATRICIA
CPR CLASS 8/18/09
409-6025-526.31-08
50.00
SYSTEMS DESIGN WEST, LLC
FINANCIAL SERVICES
409-6025-526.41-50
2,858.24
VERIZON WIRELESS
8-10 a/c 571099962-00001
409-6025-526.42-10
49.81
8-15 a/c 264395724-00001
409-6025-526.42-10
84.82
VIDACARE
MEDICAL SUPPLIES
409-6025-526.31-02
544.39
WASHINGTON (DIS), STATE OF
Scan Chgs-July
409-6025-526.42-10
0.17
Fire Department
Medic I
Division Total:
$4,601.73
Fire Department
Department Total.
$4,601.73
Medic I Utility
Fund Total:
$4,684.88
ALL WEATHER HEATING & COOLING
CITY REBATE
421-7121-533.49-86
2,000.00
EVERWARM HEARTH & HOME INC
CITY REBATE
421-7121-533.49-86
132.48
GLASS SERVICES CO INC
CITY REBATE
421-7121-533.49-86
1,032.00
MATHEWS GLASS CO INC
CITY REBATE
421-7121-533.49-86
990.00
CITY REBATE
421-7121-533.49-86
799.02
CITY REBATE
421-7121-533.49-86
187.80
Dean Reed
CITY REBATE
421-7121-533.49-86
25.00
Kim Weimer
CITY REBATE
421-7121-533.49-86
1,347.96
Laura Campbell
CITY REBATE
421-7121-533.49-86
100.00
•
Maureen Kennedy
CITY REBATE
421-7121-533.49-86
100.00
Michele Mangiantini
CITY REBATE
421-7121-533.49-86
125.00
Properties by Landmark
CITY REBATE
421-7121-533.49-86
25.00
L-27
Page 20
}y,r�F'r'xY
Date: 9/9/2009
City of Port Angeles
City Council Expenditure Report
From: 8/22/2009 To: 9/4/2009 •
Vendor
Description
Account Number
Invoice Amount
Steve Stratton
CITY REBATE
421-7121-533.49-86
50.00
PENINSULA DAILY NEWS
CONSERVATION ADS
421-7121-533.44-10
443.25
RENOVATION SOLUTIONS, LLC
CITY REBATE
421-7121-533.49-86
773.40
TRACY'S INSULATION
CITY REBATE
421-7121-533.49-86
299.88
Public Works -Electric
Conservation
Division Total:
$8,430.79
Public Works -Electric
Department Total.
$8,430.79
Conservation
Fund Total:
$8,430.79
SUNSET DO -IT BEST HARDWARE
PLASTICS
451-7188-594.34-02
4.88
Public Works -Electric
Electric Projects
Division Total:
$4.88
Public Works -Electric
Department Total:
$4.88
Electric Utility CIP
Fund Total:
$4.88
BAXTER AUTO PARTS #15
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
-17.96
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
130.33
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
29.16
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
92.34
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
81.99
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
27.38
BIG SKY RACKS, INC
AUTO & TRUCK ACCESSORIES
501-0000-237.00-00
-23.94
H & R PARTS & EQUIPMENT INC
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
108.49
NAPA AUTO PARTS
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
38.87
HOSES, ALL KINDS
501-0000-141.40-00
694.48
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
1,072.73
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
20.65
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
6.09
PETTIT OIL COMPANY
FUEL,OIL,GREASE, & LUBES
501-0000-141.20-00
7,106.92
FUEL,OIL,GREASE, & LUBES
501-0000-141.20-00
719.74
FUEL,OIL,GREASE, & LUBES
501-0000-141.20-00
6,746.19
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
525.47
SAHLBERG EQUIPMENT CO INC, JF
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
183.28
SOUNDOFF SIGNAL
AUTO & TRUCK ACCESSORIES
501-0000-237.00-00
-217.75
AUTO & TRUCK ACCESSORIES
501-0000-237.00-00
-13.43
AUTO & TRUCK ACCESSORIES
501-0000-237.00-00
-241.26
SWAIN'S GENERAL STORE INC
ROAD/HGWY HEAVY EQUIPMENT 501-0000-141.40-00
168.82
WURTH USA INC
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
98.55
Division Total.
$17,337.14
Department Total:
$17,337.14
L
AMSAN OLYMPIC SUPPLY Safety Absorbant
501-7630-548.31-01
55.36
ARAMARK LAUNDRY/DRY CLEANING SERV
501-7630-548.49-90
26.37
LAUNDRY/DRY CLEANING SERV
501-7630-548.49-90
35.63
AT&T BUSINESS SERVICE 8-13 a/c 017 213-4468 001
501-7630-548.42-10
1.21 •
BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
26.43
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
-169.19
L-28
Page 21
Date: 9/9/2009
City of Port
Angeles
City Council Expenditure
Report
h
`' `'`
•
From: 8/22/2009
To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
BAXTER AUTO PARTS #15
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
259.72
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
151.13
AUTO SHOP EQUIPMENT & SUP
501-7630-548.34-02
8.72
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
112.36
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
-117.51
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
2.23
AUTO SHOP EQUIPMENT & SUP
501-7630-548.35-01
8.72
BIG SKY RACKS, INC
AUTO & TRUCK ACCESSORIES
501-7630-594.64-10
308.89
CAMCAL INC
AUTO SHOP EQUIPMENT & SUP
501-7630-548.35-01
555.77
CASCADE TURF
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
60.98
COPY CAT GRAPHICS
AUTO & TRUCK ACCESSORIES
501-7630-548.48-10
48.78
FAR -WEST MACHINE & HYDRAULICS
EXTERNAL LABOR SERVICES
501-7630-548.48-10
300.41
EXTERNAL LABOR SERVICES
501-7630-548.48-10
85.64
EXTERNAL LABOR SERVICES
501-7630-548.48-10
36.42
H & R PARTS & EQUIPMENT INC
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
498.76
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
-130.08
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
120.28
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
45.51
•
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
72.84
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
1,099.60
HEARTLINE
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
94.25
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
92.09
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
94.25
KAMAN INDUSTRIAL TECHNOLOGIES
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
72.58
LES SCHWAB TIRE CENTER
EXTERNAL LABOR SERVICES
501-7630-548.48-10
272.41
EXTERNAL LABOR SERVICES
501-7630-548.48-10
59.35
EXTERNAL LABOR SERVICES
501-7630-548.48-10
1,328.94
MATCO TOOLS
AUTO SHOP EQUIPMENT & SUP
501-7630-548.35-01
35.18
MOTOR TRUCKS INC
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
68.07
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
129.29
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
31.74
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
733.63
NAPA AUTO PARTS
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
282.79
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
24.27
PAPE' MATERIAL HANDLING
ROAD/HWY EQUIP EARTH,GRD
501-7630-548.34-02
84.61
PEWAG, INC
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
3,498.51
PORT ANGELES FORD LINCOLN
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
128.97
PORT ANGELES TIRE FACTORY
EXTERNAL LABOR SERVICES
501-7630-548.48-10
442.06
EXTERNAL LABOR SERVICES
501-7630-548.48-10
19.51
EXTERNAL LABOR SERVICES
501-7630-548.48-10
16.21
0QWEST
8-23 a/c206T310164584B
501-7630-548.42-10
19.48
8-16 a/c 206T359336570B
501-7630-548.42-10
19.48
L-29
Page 22
Date: 9/9/2009
City of Port Angeles
City Council Expenditure Report
From: 8/22/2009
To: 9/4/2009
•
Vendor
Description
Account Number
Invoice Amount
QWEST
8-23 a/c 206T302306084B
501-7630-548.42-10
14.28
RICHMOND 2 -WAY RADIO
EXTERNAL LABOR SERVICES
501-7630-548.48-10
65.04
SAHLBERG EQUIPMENT CO INC, JF
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
1,868.32
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
-1,743.71
ROAD/HWY EQUIP EARTH,GRD
501-7630-548.34-02
722.14
SIX ROBBLEES' INC
AUTO SHOP EQUIPMENT & SUP
501-7630-548.34-02
52.03
SNAP-ON TOOLS - CHUGGER DEANE
AUTO SHOP EQUIPMENT & SUP
501-7630-548.35-01
76.47
SOLID WASTE SYSTEMS, INC
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
95.38
SOUNDOFF SIGNAL
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
173.26
AUTO & TRUCK ACCESSORIES
501-7630-594.64-10
2,809.99
AUTO & TRUCK ACCESSORIES
501-7630-594.64-10
3,113.38
SUNSET DO -IT BEST HARDWARE
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
-67.24
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
70.23
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
9.95
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
34.14
AUTO & TRUCK MAINT. ITEMS
501-7630_548.34-02
51.05
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
4.81
EQUIP MAINT & REPAIR SERV
501-7630-548.34-02
43.02
RENTAL/LEASE EQUIPMENT
501-7630-548.34-02
130.17 •
AUTO SHOP EQUIPMENT & SUP
501-7630-548.35-01
22.04
AUTO SHOP EQUIPMENT & SUP
501-7630-548.35-01
2.92
WASHINGTON (DIS), STATE OF
Scan Chgs-July
501-7630-548.42-10
12.04
Public Works -Equip Svcs
Equipment Services
Division Total:
$18,612.36
Public Works -Equip Svcs
Department Total:
$18,612.36
Equipment Services
Fund Total:
$35,949.50
ANGELES COMMUNICATIONS INC
TRBLSHOOT COM LINES AT CO
502-2081-518.41-50
718.42
IDENT CIRCUITS/INSTALL IP
502-2081-518.41-50
88.89
AT&T BUSINESS SERVICE
8-13 a/c 017 213-4468 001
502-2081-518.42-10
1.56
COSCO/FEDERAL FIRESAFETY INC
TEST/CERTIFY FIRE AIR DAM
502-2081-518.41-50
373.99
HUG CONFERENCE
SUGA CONF DEC 1-4,2009-A
502-2081-518.43-10
50.00
I.T. XCHANGE CORP
COMPUTER HARDWARE&PERIPH1502-2081-518.48-10
2,439.00
IBM CORPORATION
COMPUTER HARDWARE&PERIPH1502-2081-518.31-60
7,416.73
QWEST
8-23 a/c 206T310164584B
502-2081-518.42-10
25.04
8-16 a/c 206T359336570B
502-2081-518.42-10
25.04
8-23 a/c 206T302306084B
502-2081-518.42-10
18.35
VMWARE, INC
HUMAN SERVICES
502-2081-518.43-10
2,995.00
HUMAN SERVICES
502-2081-518.43-10
2,995.00
WASHINGTON (DIS), STATE OF
Scan Chgs-July
502-2081-518.42-10
10.03
Finance Department
Information Technologies
Division Total.
$17,157.05
ELECSYS INT'L CORP
COMPUTER HARDWARE&PERIPH1502-2082-594.64-10
2,168.00
Finance Department
IT Capital Projects
Division Total.
$2,168.00 •
Finance Department
Department Total.
$19,325.05
L-30
Page
23
City of Port Angeles
Date: 9/9/2009
City Council Expenditure Report
•
NN '.
From: 8/22/2009
To: 9/4/2009
Vendor
Description
Account Number
Invoice Amount
Information Technology
Fund Total:
$19,325.05
AWC EMPLOYEE BENEFITS TRUST
Med/DenNis Premiums
503-1631-517.46-30
202,890.25
Adj to Feb 09 EE Dental
503-1631-517.46-30
52.20
LTD Premiums
503-1631-517.46-31
4,553.01
L1 MedNis Premiums
503-1631-517.46-34
8,046.70
BALSER, FRED
Reimb Medicare -August
503-1631-517.46-35
96.40
BISHOP, VIRGIL
Reimb Medicare -August
503-1631-517.46-35
212.10
CAMPORINI, RICHARD
Reimb Medicare -August
503-1631-517,46-35
96.40
CLELAND, MICHAEL
Reimb Medicare -August
503-1631-517.46-35
96.40
Disability Board -August
503-1631-517.46-35
15.00
GLENN, LARRY
Reimb Medicare -August
503-1631-517.46-35
96.40
GOODRICH, RUTH L
Reimb Medicare
503-1631-517.46-35
539.40
Disability Board -August
503-1631-517.46-35
78.95
GROOMS, MICHAEL
Reimb Medicare -August
503-1631-517.46-35
96.40
Disability Board -August
503-1631-517.46-35
685.07
JOHNSON, DONALD G
Reimb Medicare -August
503-1631-517.46-35
96.40
Disability Board -August
503-1631-517.46-35
307.59
JOHNSON, HARRY
Reimb Medicare -August
503-1631-517.46-35
96.40
Disability Board -August
503-1631-517.46-35
16.00
JORISSEN, ROBERT R
Reimb Medicare -August
503-1631-517.46-35
96.40
Disability Board -August
503-1631-517.46-35
412.12
LIND, DARWIN PETER
Reimb Medicare -August
503-1631-517.46-35
96.40
LINDLEY, JAMES K
Reimb Medicare -August
503-1631-517.46-35
96.40
LOUCKS, JASPER
Reimb Medicare -August
503-1631-517.46-35
192.80
MIESEL JR, PHILIP C
Reimb Medicare -August
503-1631-517.46-35
92.40
NW ADMIN TRANSFER ACCT
S/NSNVT
503-1631-517.46-33
56,261.33
RETIREES
503-1631-517.46-34
11,609.75
Disability Board -August
503-1631-517.46-35
494.20
THOMPSON, BRUCE
Reimb Medicare -August
503-1631-517.46-35
96.40
Disability Board -August
503-1631-517.46-35
73.48
WARD, DENNIS H
Reimb Medicare -August
503-1631-517.46-35
96.40
Self Insurance
Other Insurance Programs
Division Total:
$287,689.15
Self Insurance
Department Total:
$287,689.15
Self-insurance Fund
Fund Total:
$287,689.15
AWC EMPLOYEE BENEFITS TRUST
Retiree Premiums
602-6221-517.46-35
4,589.40
Disability Board -August
602-6221-517.46-35
91.00
BRAUN, GARY
Reimb Medicare -August
602-6221-517.46-35
96.40
Disability Board -August
602-6221-517.46-35
137.01
CAMPBELL, MALCOLM D
Reimb Medicare -August
602-6221-517.46-35
96.40
•
DOYLE, JERRY L
Reimb Medicare -August
602-6221-517.46-35
96.40
Disability Board -August
602-6221-517.46-35
28.00
RYAN, ED
Reimb Medicare -August
602-6221-517.46-35
96.40
L-31
Page 24
Vendor
Fireman's Pension
AT&T BUSINESS SERVICE
DIGITAL IMAGING SOLUTIONS INC
GREAT AMERICA LEASING CORP
OLYMPIC STATIONERS INC
QWEST
SWAIN'S GENERAL STORE INC
THURMAN SUPPLY
Esther Webster/Fine Arts
Date: 9/9/2009
City of Port Angeles
City Council Expenditure Report
From: 812212009 To: 9/4/2009 •
Description
Fireman's Pension
Fireman's Pension
Firemen's Pension
8-13 a/c 017 213-4468 001
COPIES THRU 8/31/09
OFFICE MACHINES & ACCESS
Envelopes
8-14 a/c 3604573532775B
8-23 a/c 206T31016458413
8-16 a/c 206T359336570B
8-23 a/c 206T418577331 B
8-23 a/c 206T302306084B
Pond Care PH Test Kit
Spa Up -21b Leisure Time
Esther Webster/Fine Arts
Esther Webster/Fine Arts
Esther Webster Fund
ASSOCIATION OF WASHINGTON CITIES SUPP LIFE INS
CLALLAM CNTY SUPERIOR COURT P/R Deductions pe 8-23
EMPLOYEES ASSOCIATION
P/R Deductions pe 8-23
LEOFF
P/R Deductions pe 8-23
OFFICE OF SUPPORT ENFORCEMENT
P/R Deductions pe 8-23
P/R Deductions pe 8-23
PERS
P/R Deductions pe 8-23
P/R Deductions pe 8-23
P/R Deductions pe 8-23
UNITED WAY (PAYROLL)
P/R Deductions pe 8-23
VOLUNTEER FIRE ASSOCIATION
P/R Deductions pe 8-23
WSCFF/EMPLOYEE BENEFIT TRUST
P/R Deductions pe 8-23
Account Number
Division Total.
Department Total:
Fund Total.
652-8630-575.42-10
652-8630-575.45-31
652-8630-575.45-31
652-8630-575.31-01
652-8630-575.31-01
652-8630-575.42-10
652-8630-575.42-10
652-8630-575.42-10
652-8630-575.42-10
652-8630-575.31-01
652-8630-575.31-01
Division Total:
Department Total:
Fund Total:
920-0000-231.53-30
920-0000-231.56-30
920-0000-231.55-30
920-0000-231.51-21
920-0000-231.56-20
920-0000-231.56-20
920-0000-231.51-10
920-0000-231.51-11
920-0000-231.51-12
920-0000-231.56-10
920-0000-231.55-20
920-0000-231.53-20
Division Total:
Department Total:
Payroll Clearing Fund Total:
Totals for check period From: 8/22/2009 To: 9/4/2009
Invoice Amount
$5,231.01
$5,231.01
$5,231.01
0.52
77.99
16.88
32.43
41.20
8.35
8.35
57.46
6.12
6.36
6.24
$261.90
$261.90
$261.90
505.50
385.61
412.00
22,663.08
169.85
1,231.32
1,635.41
7,698.83
32,368.61
468.00
32.00
1,500.00
$69,070.21
$69,070.21
$69,070.21
$Z037,315.90
•
L-32
Page 25
•
•
•
DIEL
DATE: September 15, 2009
TO: CITY COUNCIL
FROM: NATHAN A.WEST, DIRECTOR
COMMUNITY AND ECONOMIC DEVELOPMENT
SUBJECT: SUB -RECIPIENT AGREEMENT FOR DEPARTMENT OF COMMERCE COMMUNITY
DEVELOPMENT BLOCK GRANT (HOUSING ENHANCEMENT GRANT) —
Summary: The City has been awarded a $450,000 Community Development Block Grant
(CDBG) to contribute to the completion of the Maloney Heights Project. The grant was
provided by the Washington State Department of Commerce CDBG Program. Per state
requirements a sub -recipient agreement must signed for Habitat for Humanity of Clallam
County to manage the grant.
Recommendation: 1.) Approve the agreement, 2.) Authorize staff to sign, and make minor
changes to the agreement as necessary.
Background / Analysis:
The City has been awarded $450,000 from the State administered Community Development Block
Grant (CDBG) program. The grant was submitted by the City on behalf of the Clallam County
Housing Authority, Habitat for Humanity, and Serenity House for the proposed Maloney Heights
development project. On August 18, 2009, City Council accepted the grant.
Habitat for Humanity and City staff have worked to complete the Department of Commerce
provided standard sub -recipient agreement template enabling Habitat for Humanity to manage the
grant. Staff recommends that Council approve the agreement authorizing staff to make minor
modifications as necessary to fulfill State requirements.
Attachment A Subrecipient Agreement
L-33
•
SUBR.ECIPIENT AGREEMENT
BETWEEN
City of Port Angeles and Habitat for Humanity
CDBG Funding for Infrastructure Project
This Agreement is made between the City of Pout Angeles (hereinafter referred to as the
"City") and Habitat for Humanity of Clallam County, Washington Suite not-for-profit corporation
(hereinafter called Subrecipient) for the infrastructure development for the Maloney Heights
affordable housing project (herein called the Project).
WHEREAS. pursuant to Title I of the Housing and Community Development Act of 1974.
as amended, the Washington State Department of Commerce is authorized by the federal
Department of Housing and Urban Development (HUD) to provide State Community
Development Block Grant Program funds.(hereinafter referred to as CDBG funds) to units of City
selected to undertake and carry out certain programs and projects under the Washington State
Community Development Block Grant Proaram in compliance with all applicable local, state, and
federal laws, regulations and policies, and
WHEREAS, the City has applied for and received a CDBG award, contract number 09-
64009-OXX to fund the Project: and .
WHEREAS, it benefits the City to engage the Subrecipient to accomplish the Scope of •
Service and the objectives of the local CDBG project:
THE PARTIES AGREE THAT:
1. SCOPE OF SER VICES
Cite Responsibilities
The City is responsible for administration of the CDBG contract, and ensuring CDBG funds are
used in accordance with all program requirements [(2=1 CFR 570.501(b)] and its CDBG contract
with CTED referenced above. The City will provide such assistance and guidance to the
Subrecipient as may be required to accomplish the objectives and conditions set forth in this
Agreement.
Subrecipient Responsibilities
The Subrecipient will complete in a satisfactory and proper manner as determined by the City the
work described in the Scope of Work that is attached hereto; marked as Attachment A and
incorporated herein by reference, tasks to accomplish the objectives of the Project. The
Subrecipient will periodically meet with the City to review the staters of these tasks.
L-34
Pate l of 16
•
Principal "tasks
a Design and complete the installation of both on-site and off-site underground seater. sewer
and utility services, storm water drainage. roadways. and parking areas to support tha
development of 15 buildable lots that will initially be used for 2 affordable 1OLsin-units
by Habitat for Humanity of Clallam County and a_28 writ permanent supportive housing
structure by Serenity House.
• Comply with applicable Policies and practices outlined in the Washing=ton State
Department of Commerce N/lay 2009 Community Development Block Grant vlanagement
Handbook.
e A listing of detailed project tasks is marked as Attachment B and incorporated herein by
reference, tasks to accomplish tite objectives of the Project.
2. TLVIE OF PERFOR_'<I NCE
-File effective date of this Agreement will be the date the parties sign and complete execution of
this agreement and will be in effect for the time period during= which the Subrecipient remains in
control of CDBG funds or other- CDBG assets.
3. BUDGET
The City will pass tlu-ougli to the Subrecipient no more than 5700,000.00 in CDBG funds.. less
anv administrative costs incurred by the City, for eligible incurred costs and expenses for the
Project according to the budget shown on the Attachment A. The finds for this budget consist of
• S450,000.00 from a CDBG grant recently awarded by the Washington Department of Commerce
and 525,0,000.00 in. CDBG finds currently Held in the City's Housing Rehabilitation Program
Fund. City administrative costs include, but are not limited to. costs associated with auditinT and
administration. v
The City may require a more detailed budget breakdown, and the Subrecipient will provide such
supplementary budget information in a timely fashion in the form and content prescribed by the
City. Any amendments to this A(Treetnent's Budget must first be determined by the City as
consistent with its CDBG contract with CTED and then approved in writim! by the City and the
Subrecipient.
4. PA KVIENT
The City will reimburse the Subrecipient In accordance with the payment procedures outlined in
the CDBG Managemcm Handbook, Financial tManagement Section for all allowable expenses
agreed upon by the parties to complete the Scope of Service.
Reimbursement under this agreement will be _based on billings: supported by appropriate
documentation of costs actually incurred. It is expressly understood that claims for reimbursement
will not be submitted in excess of actual, immediate cash requirements necessary to cavy out the
purposes of the agreement. Funds available under this Agreement will be utilized to supplement
rather than supplant funds otherwise available.
It is understood that this agreement is funded in whole or in part with CDBG finds through the
Washington State CDBG Program as administered by ('TED and is subject to those regulations
and restrictions normally associated with federally -funded programs and any other requirements
that the state may prescribe.
L-35
Pay>e 2 or 16
5. PERFOR VL I VCE 41ONYTORL G •
The City Will monitor the perfonnance Of tile Subrecipient by tracking, project progress, reti,ie%vini,
payment requests for applicable costs, nlanaging the timely pass-through of CDBG funds.
overseeing compliance with CDBG requirements,. and ensuring rccordkeeping and audit
requirements are met. Substandard performance as determined by the City will constitute
noncompliance with this Azreement.
If action to correct such substandard perfonnance is not taken by the Subrecipient within a
reasonable period of time after- beim notified by the City, contract suspension or termination
procedures will be initiated.
6. GE,,VER:zl L COYVDITIO NS
A. General Compliance
The Subrecipient agrees to comply with:
• The requirements of Title 24 of the Code of Federal Regulations, Part 57Q
(HUD regulations concerning CDBG): and
• All other applicable Federal, state and local laws, regulations, and policies,
govermnc, the funds provided under this Agreement.
B. CDBG National Objective
The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Pro`n-am
National Objective defined in 24 CFR -570.205. 0
C. Independent Contractor
Nothing contained in this Agreerment is intended to,_ or will be construed in any manner. as
creatine or establishing the relationship of employer/employee between the parties. The
Subrecipient Will at all tinges remain an "independent contractor' with respect to the services to
be performed under this Agreement. The City will be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance, as the Subrecipient is an independent contractor.
D. Hold Harmless
The SUbrccipient will hold harmless, defend and indernnify, the City froil any and all claims,
actions; suits, chargees andjudgements whatsoever that arise out of the Subrecipient's performance
.or nonperformance of the services or subject matter called for in this agreement.
E. Workers' Compensation
The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its
employees involved in the performance of this agreement.
F. Insurance and Bonding
The SUbrecipient will carry sufficient insurance coverage to protect contract assets from loss due
to theft, fraud and/or undue physical damage, and as a minimurn will purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the City.
L-36
Paae.3 of 16
• G. Funding Source Recognition
"File Subrecipient will insure recognition of the roles of CTED, the WA State CDBG program,
and the City in providing services Through this A,-Treement. All activities. facilities and items
Utilized pursuant to this AVzreement will be prominently labeled as to funding source. lir addition,
the Subrecipient will include a reference to the support provided herein in all publications made
possible with funds made available under this Agreement.
H. Amendments
The City or Subrecipient may amend this Agreement at any time provided that Such amendments
make specific reference to this Agreement, and are executed in writing, sl(,, by a duly
authorized representative of each organization, and approved by the City's governing body. Such
amendments will not. invalidate this Agreement, nor relieve or release the City or Subrecipient
froili its obliuunder this A-reenlent.
1. Suspension or Termination
In accordance with 24 CFR 85.43, the City may Suspend or terminate this A,reement if the
Subrecipient materially fails to comply with any tends of this A)reeincilt, which include (but are
not limited to) the following:
• Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statues, regulations, executive orders, and HUD guidelines, policies or directives as
• may become applicable at any time;
• Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement.
• Ineffective Of improper use of funds provided under this Agreement; or
• Submission by the Subrecipient to the City of reports that are incorrect or incomplete in
any material respect.
•
In accordance with 24 CFR 83.44, this Agreement may also be terminated for convenience by
either the City or the Subrecipient, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to be tenninated. .
However, if in the case of a partial termination, the City detennines that the remaining portion of
the award will not aCCOnlpI1Sh the purpose for which the award was made, tile. City may tenninate
the award in its entirety.
S. ADMINISTRATIVE REOUIREtLEVTS
A. Financial `'Ianagement
• AccountinIt Standards. The Subrecipient agrees to comply with 24 CFR 84.21-28 and
agrees to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls; and maintain necessary source documentation for all costs
incurred.
Palle 4 of 16
L-37
o Cost Principles. The Subrecipient will administer its program in conformance with O!MB •
Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost
Principles for Educational Institutions." as applicable. These principles will be applied for
all costs incurred whether charued on a direct or indirect basis.
® Duplication of Costs. The Subrecipient certifies that work to be performed under this
ALTreement does not duplicate any work to be charged against any other contract,
subcontract or other source.
B. Documentation and Record Keeping
1. Records to Be Nlaintained. The Subrecipient will maintain all records required by the
Federal re�_ulations specified in 24 CFR 570.506 that are pertinent to the activities to be
funded under this Agreement and those records described in the CDBG Management
Handbook. Such records will include but not be limited to:
• Records providing a full description of each activity undertaken;
o Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
m Records required to determine the eligibility of activities;
o Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
v Records documenting compliance with the civil rights components of the CDBG •
program;
® Financial records as required by 24 CFR 570.502, and 24 CFR 54.21-25;
e Labor standards records required to document compliance with the Davis Bacon
Act, the provisions of the Contract Work Hours and Safety Standards Act, and all
other applicable Federal, state and local laws and regulations applicable to CDBG-
ftinded construction projects; and
® Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
?. Access to Records and Retention. All. such records and all other records pertinent to this
agreement and work undertaken under this Agreement will be retained by the Subrecipient
for a period of sit years after final audit of the City's CDBG project; unless a longer
period is required to resolve audit findings or litigation. In such cases, the City will
request a longer period of record retention.
3. Audits and Inspections. All Subrecipient records with respect to any matters covered by
tills Agri-eement will be made available to the City, CTED, and duly authorized officials of
the state and federal government. at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
L-38
Pave 5 or 16
•
• Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30
days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the
above audit requirements will constitute a violation of this A-reement and may result in
the withholding of future payments.
The Subrecipient hereby avn-ees to have all annual agency audit conducted in accordance
«ith,current. City policy concernin Subrecipient audits and Oiv113 Circular A-133.
C. Reporting
• Pro,�,ram Income
Tile Subrecipient will report annually all program income (as deemed at ` 4 CFR
570.500(a)) generated by activities carried out with CDBG funds made available under
this Agreement. The use of program income by the Subrecipient will comply with the
requirements set forth at 24 CFR 570.504.
• Periodic Reports
Tlie Subrecipient, at such times and in such forms as the City may require; will furnish the
City such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this agreement.
• • Reporting Requirements
CFDA T
r�
The Subrecipient shall be required to include all expenditures on the entity's SEFA as part
of their reporting requirement.
D. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement will be in
compliance with the .requirements of 24 CFR Part S4 and 24 CFR 570.502, 570.503.
570.504, as applicable, which include but are not limited to the following:
• The Subrecipient will transfer to the City any CDBG fiends on hand and any
accounts receivable attributable to the use of fiends under this Agreement at the
time of expiration, cancellation, or termination.
• Real property under the S'ubreciplent's control that was acquired or improved, in
whole or in part; with funds under tills Agreement in excess of 525,000 will be
used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.205
until ten (10) years after the contract between CTED and the City is closed. If the
Subrecipient fails to use CDBG-assisted real property in a manner that meets a
CDBG _National Objective for this 10 -year period of time; the Subrecipient will
pay the City an amount equal to the current fair market value of the property less
Pare 6 of 16
L-39
any portion of the value attributable to expenditures of non-CDBG funds for •
acquisition of. or improvement to, the property after the CDBG program's
approval. Such payment will constitute program Income to the City. The
Subrecipient may retain real property acquired or improved under this Asreentent
after the expiration of the ten-year period.
® In cases in which equipment acquired. in whole or in part, with titnds under this
Agreement is sold, the proceeds will be program income. Equipment not needed
by the Subrecipient for activities under this A�neement will be (a) transferred to
the City for CDBG-eligible activities as approved by the CDBG pro-rarn or (b)
retained after compensating the City.
9. PERSONNEL AiND.PARTICIP=INT M"VDITIOINS
A. Civil Ribhts
Title VI of the Civil Rights Act of 1964:
Under Title VI of the Civil Rights Act of 1964; no person will, on the grounds of race. color,
creed, religion, sex or national onoin. be excluded from participation in, be denied the benefits of;
or be subjected to discrimination under any program or activity receiving federal financial
assistance.
Section 109 of the Housing, and Community Development Act of 1974: •
No person in the United States will on the Bounds of race, color, creed, religion, sex or national
origin be excluded from participation in, be denied benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part \yith fiends made available under this
title.
Age Discrimination act of 1975, as Amended
vo person will be excluded from participation, denied program beret -its, or subjected to
discrimination on the basis of age under any program or activity receiving federal funding
assistance. (42 U.S.C. 610 et. seq.)
Section 504 of the Rehabilitation Act of 1973, as Amended
No otherwise qualified individual will, solely by reason or his or her disability; be excluded from
participation (including employment), denied program benefits, or subjected to discrimination
under any program or activity receiving Federal funds. (29 U.S.C. 794)
Public Law 101-336, Americans with Disabilities .act of 1990
Subject to the provisions of this title; no qualified individual with a disability will, by reason of
such disability, be excluded from participation in or be denied the benefits of the services;
programs, or activities of a public entity, or be subjected to discrimination by any such entity.
L-40
Pat,e 7 of 16
•
•
B. Section 3 of the Housing and Community Development Act of 1963
Compliance in the Provision ofTraining, Employment, and Business Opportunities:
® The work to be performed under this agreement is on a project assisted under a program
providing direct federal financial assistance from HUD and is Subject to the requirernents
of Section 3 of the Housing and Urban Development Act of 1968, as arnended, 12 U.S.C.
1711 u. Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given lower-income residents of the project area: and contracts for work
in connection with the project be awarded to business concerns. which are located in, or
owned in substantial part. by persons residing in the area of the project.
• The parties to this contract will comply with the provisions of said Section 3 and the
re- dations set forth in 24 CFR 135, and all applicable rules and orders of HUD and
CTED issued thereunder prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual or other disability that would
prevent thele from complying with these provisions.
• The SLibrecipient will send to each labor organization or representative of workers with
which lie has a collective ban -mining agreement or other contract or understanding, if any,
a notice advising the said labor organization or workers' representative of his
commitments under this Section clause and will post copies of the notice in conspicuous
• places available to employees and applicants for employment or training.
• The Subrecipient will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant, or recipient of
federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by the Secretary of
HUD, 24 CFR Part 135. The Subrecipient will not subcontract withany subcontractor
where it has notice or knowledge that the fatter has been found in violation of reaaulations
under 24 CFR Part 135 and will not let any subcontract, unless the subcontractor has first
provided it with a preliminary statement of ability to comply with the requirements of
these_ re(ulations.
• Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135,
and all applicable .rules and orders of HUD and CTED issued hereunder prior to the
execution of the contract, will be.a condition of: the federal financial assistance provided to
the project, binding upon the applicant or recipient for such assistance. its Successors, and
assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its
consultants and subcontractors, its successors and assiuned to those sanctions specified by
the graI1t or loan agreeinent oi- coIltract through whlcli federal -Assistance is provided, and
to such sanctions as are specified by 24 CFR Part 135.
C. Conduct
Assignability
• The Siubrecipient will not assign or transfer any interest in this Aureei ient Without the
prior written consent of the City thereto: provided, however, that claims for money due or
L-41
Na«e 8 of 16
to become due to the Subrecipient twin the Cite under this contract may be assigned to a
bank, trust company. or other fulaneial institution w'.ithout such approval. Notice of any
such assi(-minent or transfer will be furnished promptly to the City and CTED.
Conflict of Interest
• No member of the City's I-loverning body and no other public official of such locality, who
exercises any functions or responsibilities in connection with the planning or carrvin" out
of the project, will have any personal financial interest, direct or indirect, in this
agreement: and the Subrecipient will take: appropriate steps to assure compliance.
• The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which
includes maintalnin_ a written code or standards of conduct that will vovem the
performance of its officers, employees or agents engaged in the award. and administration
of contracts supported by Federal funds.
• The Subrecipient coveIlants that its employees have no interest and will not acquire
interest, direct or indirect, in the stud' area or any parcels therein or any other interest
which would conflict in any manner or degree with the performance of services hereunder.
The Subrecipient fiu-ther covenants that in the perforinance of this Agreement, no person
having such interest will be employed.
Certification Regarding Debarment. Suspension. Ineligibility and Voluntary Exclusion -
Lo«er Tier Covered Transactions
• The lower tier contractor certifies, by signing tills contract that neither it nor its principals •
is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency.
• Where the lower tier contractor is unable to certify to any of the statements in this
contract, such contractor will attach in explanation to this contract.
® The contractor further agrees by signing this contract that it will not knowingly enter into
any lower tier covered transaction with a person who is debarred; suspended, declared
ineligible. or voluntarily excluded from participation in this covered transaction.
D. Copyright
If this Agreennent results in any copyrightable material or inventions, the City and/or CTED
reserves the right .to royalty -free, non-exclusive and irrevocable license to reproduce, publish or
otherwise use and to authorize others to use. the work or materials for goverunentalpurposes.
E. Relibious Activities
The Subrecipient agrees that ftmds provided -under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR X70 2000), such as worship, religious
instruction, or prose]ytization.
L-42
Paye 9 of 16
•
F. Personnel
The Subrecipient represents that it has. or will secure at its own expense, all personnel required to
fully perform under this contract. Such personnel shall not be employees of, or have any
contractual relationship to, the City.
All services required hereunder will be performed by the Subrecipient or under its supervision
and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted
under state or local law to perform such services.
10. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement will not be
affected thereby and all other parts of this Agreement will nevertheless be in full force and effect.
11. PERFORMANCE WAIVER
The City's failure to act with respect to a breach by the Subrecipient docs not waive its right to
act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce
any right or provision will not constitute a waiver of such right or provision.
12. EA7 TIRE .4 GREEa•IENT
This Agreement constitutes the entire agreement between the City and the Subrecipient for the
• use of fitnds received unifier this Aureement and it supersedes all prior communications and
proposals, whether electronic, oral; or written between the City and the Subrecipient with respect
to this Agreement.
IN WITNESS WHEREOF, the City and the Subrecipient have executed this agreement as
of the date and year last written below.
CITY OF PORT ANGELES HABITAT FOR HUIN-IA\ITY
By:_
Title:
Date:
Approved as to form:
By:
Title:
Date:
William E. Bloor, City Attorney
•G:\Leval ,, c t -
.. t _ t� CDBG-Subrecipient A,r�unent 1U01(�)..loc
L-43
Pa«e 10 of 16
ATTACHMENT A — SCOPE OF WORK AND BUDGET
Contractor: City of Port Angeles
Contract No. 09-64009-OXX
Section A Brief Description
'The City of fort Angeles is award a $450,000 Conlnlunity Development Block Grant (CDBG) Housing Enhancement Grant to fund the public,
c�lTsite infrastl-ucture fbr the Maloney Height iHbi-dablC housing pr0_ICCt with 1110 I-Iahitilt of FILHI Ility 0i'Clallanl County (1 -11 -ICC). f I otlsIle
infrastructure includes water, sewer, Storni water, utility, unci street inlprovenleilts. These unim-ovements are necessary for the (level oI)Mell t of�2
ilH01'dltblC hOLISlllg lllllts \vltll 1 -11 -ICC and a 28 Lllllt pc)r111WICalt Sltl)1)0I-tive 11OLISillg 111'0iect with Seremty I-IOLISC.
'File I)rOlCet insets the CDBG low- an(l Moderate -income (L IVII) h011Sing national Obiective (LM1-1) unci will provi(le it Clirect bcneht to 30 LMI
11OLIS111" LlllitS and approximately 35 I -MI persOns. Total cost, 111CILIdlllg I1OLISlll(I construCtl0n, Is al)lvoximately 53,722,637 with AM- I-CSOLINC
contributions including `}250,000 from the city's CDBG program .income; $2,338,060 frons the state I-IOusillg "frust Pund; $328,907 fii-om 1 -11 -ICC,
`260,670 from Serelllty I-IOLIS111g; ami `50,000 ll'oni Clalla111 C01-111ty,
Section B: Goals/Expected Results/Products
Goals/Expected Results/Products
Budget Category
1 A General Admin.
Salisly all 1-cclu1'rements for the proper handling and (list ributicnl of slate CMIG lipids targeted to this project:.
r
■ Establish and maintain achninisualivc paint ofcontact and program adnlinisu-a1601l IM-OCCden-us, record kccpin�s and financial
I11alY OCIllent systellls ill accor(1allee 1YIt11 feelLral aIle Stifle I-C(ILllrelllents.
■ Compile, canlplele, ;111(1 suhnlit all neccssnry reports, as rcClucslecl.
0 3.1 �VaSewer
Iinsurc canllllianec with all statr;Ind fcderul r+dations and prose (1ures. —
• • •
Improvements
■ ("onstnrct public, onsite Ill hastrueture uu,ludinb watt , sewer, stoma water, utility, and Street inlprovcnacnts necessary
03K Strect Improvements fiar the development of 2 afto"(1able hous1n1:11 units with 111 WC anci it 28 unit hcrmuncnt supportive housing project
with Sercnit_y I louse.
ATTACHMENT A ® SCOPE OF WORK AND BUDGET
Contractor:
Budget Category
2 I A - Genend Admin.
03J Water/SeNvcr
Improvements
03K Street Improvements
r
C"
Contract No. 09-64009-OXX
Section C: Project Schedule and Budget
Project Activities
• 1:
.�.
• Cimduct bid opcnin-g.�� _
1/1�
e Select Contractor. Verily selected contractor is not on the federal f. xcluded Parties
i
{ 1st System (1::PLS)�and provide documentation to Commerce.- Notify amhactor to
clleck eligibility Ot',111y SUbCpnlTactors.
■ Award contract.
1/10
■ Issue notice to proceed on site work.
1/10
° Conduct precollstructWIl c'oillerclicc.
Iilt)
m 13eI-111 corlstruetic 11.
2/10
-- --
Submit first week labor standards acka.;e.
r
e
0 0 0
• • •
ATTACHMENT A —SCOPE OF WORK AND BUDGET
Contractor: City of Port Angeles
Contract No. 09-64009-OXX
Section C: Project Schedule and Budget (continued)
Project Activities BudgetAmount
Budget Category
Schedule
continued••. Regularly rrlgnitar CngincClln: , celhlieil payrillls,ConslruClion and uct condIllil(.li s On_oing cunlinucd...
meet i ngs.
■ Complete 011slte ln1"l'aStl'l1Ct111'C COMMI-llCtiO11 fllld conduct final inspection. I Mo
• Resolve all monitoring issues from the Contract Administration Unit. 11/10
• CilndIld publiC hearing to assess project perlornlance. 1 1/ 10
■ Complete retainage rebase process. 1/11
■ Request Iinal live percent (5%) of I)BG I'unds. 1/11
■ Complete construction and oCCupanCy of" 30 aflordable housim , units. 0/11
■ Arrange f -W an audit. As SC1Ie LI1CC1
■ Close grant a"recnlcat with Conullerce. 1 1/1 1
TOTAL: $450,000
t—
.p
4
Attachment B •
Scope of Work- Detailed Project Tasks
Detailed Project Tasks
• Completion of boundary Iine adjustment between Tax Parcels 0630991 1022 and
06309911021
• Prellillinary engineering plans to support the IOZ application process
• Approval of IOZ application by City of Port Angeles Planning Commission and Citv
Council
• Environmental assessment (NEPA and SEPA) per CDBG requirements
• Engineering plans for construction of water, sewer and utility services; storm water
detention and drainage, roadways and building pads, including all earth moving and
grading requirements
• Surveying to establish. Uradimg and road construction control points, city right of ways;
utility placements and lot definitions
• Connection of the two city water main terminuses on l6`h street at the east and west
borders of the subject property and installation of a new water main connecting, the 1611'
street service and 18"' street that will serve the 13 lots on the project property
• Installation of fire protection hydrants and control boxes per City of Port Angeles
requirements
• Installation of electrical service From 16'x' street for the single family structures (l l lots) on
the project property
• Installation of electrical service from [St" street for the permanent supportive housing •
structure
• Decommissioning of the existing sewer service from the Serenity House Single Adult
Shelter to 16°i street and construction of a new sewer main and structures from 16`1' street
to service all lots of the project property and the Adult Shelter
• Construction of stonn water collection, transport and detention structures as required by
the City of Port Angeles to meet current storm \grater management code requirements
• Extension of 1611' street from N street to the west border of the project property. This
requires Construction of curb and gutter, sidewalk; and 27 ft of asphalt pavement width
• Construction of access from 18111 street and parking for the permanent supportive holisllla
structure per specifications aareed to with the City of Port Angeles
• Construction of an internal cul de sac frons 16`x' street and parking for the 14 lots dedicated
to affordable housing per specifications agreed to with the City of Port Angeles. This cul
de sac will be dedicated to the City of Port Angeles at the completion of the project.
General Project Activities
• Establish and lllallltaln administrative, financial, reporting, and record keeping systems
• Complete applicable civil rights requirements
• Complete environmental review, prepare environmental review record and request for
notice to request release of funds
• Advertise for en(iineerin,/arcllitecturai services: send to MWBE
Imm
Pate 15 of 16
.7
•
Select en,-fineer/architect and ensure they are not on federal Excluded Parties List System
(ELPS). Provide documentation to Commerce. Notify enuineer/architect to check
cli�,,bility of subcontractors
•
Complete Final design and plans for construction
•
Prepare and submit payment requests
•
Request federal and state prevailing wai.Tle rates
•
Ensure bid process complies with CDBG management practices
•
Prepare bid documents
•
Advertise and solicit bilis for construction: send to VlWBE
•
Conduct bid opening.
•
Select sub-contractor(s). Verify selected sub -contractors) are not on the federal EPLS and
provide documentation to Commerce for approval. Notify sub -contractor to check
eligibility of any other sub -contractors.
•
Award contract for specific work tasks
•
Issue notice to proceed on site work
•
Conduct preconstruction conference
•
Begin construction
•
Submit first week labor standards packa-e
•
Re"ularly monitor engineering. certified payrolls. construction and conduct re -alar
pro`rress meetings.
•
Complete off-site construction tasks and conduct final inspection
•
Resolve monitoring issues fro the Contract administration Unit
•
Conduct public hearing to assess project perfonnance
•
Request retainage release process
•
Request final five percent (5%) of CDBG funds
•
Complete construction and occupancy of 2S unit supportive housing structure by Serenity
House — September 201. l
•
Complete construction and occupancy of 2 units ofsinL'le family affordable housing_ by
Habitat for Humanity of Clallam County — September 2011
•
Arrani7e for an audit
•
Submit a Grantee Closeout Performance Report
•
Close `want agreement with Commerce — November 2011
•
Pace 16 of 16
L-49
Date: September 15, 2009
To: CITY COUNCIL
NufEL,E S
From: Glenn A. Cutler, Director of Public Works & Utilities
Subject: Utility Retail Rate and Fee Adjustments, Set Public Hearing
Summary: During the last year, FCS Group completed comprehensive rate studies for the Electric,
Water, Wastewater, Solid Waste Collection and Transfer Station utilities. A public hearing needs to
be scheduled on the recommended retail rate and fee adjustments.
Recommendation: Set a public hearing for October 6, 2008 to receive a presentation and
comments on proposed utility rate adjustments.
Background/Analysis: During the last year, FCS Group completed comprehensive rate studies for
the Electric, Water, Wastewater, Solid Waste Collections, and Solid Waste Transfer Station utilities.
The studies for Water, Wastewater, Solid Waste Collections and Transfer Station utilities were
completed a year ago and staff will present this year's rate study update. The comprehensive rate
study for the Electric Utility was recently completed by FCS Group and staff will present its findings
and recommendations.
The proposed City Council public hearing is October 6, 2009 for a presentation of the rate studies
and to allow public input to the process after the presentation. The public hearing would be
continued to October 20, 2009 at which time the public hearing will be closed.
Staff will return to the Utility Advisory Committee on October 13, 2009 requesting a
recommendation to City Council to adopt rate and fee ordinance amendments. The proposed rate
and fee adjustments for each utility would be effective January 4, 2010.
On September 8, 2009, the Utility Advisory Committee forwarded a favorable recommendation to
City Council to set a public hearing for October 6, 2008 to receive a presentation and comments on
proposed utility rate adjustments.
L-50
N:\CCOUNCILTINAL\Utility Retail Rate and Fee Adjustments.doc
1�1
•
•
C
•
Date: September 15, 2009
To: CITY COUNCIL
From: Glenn A. Cutler, Director of Public Works & Utilities
Subject: Bonneville Power Administration Power Sales Agreement Amendment No. 1
Summary: The Bonneville Power Administration offered the City an optional amendment to the
Power Sales Agreement. The proposed amendment is consistent with the Tiered Rate Methodology,
which was finalized after the Power Sales Agreement was accepted by the City.
Recommendation: Authorize the Mayor to accept amendment No. 1 to the Power Sales
Agreement with the Bonneville Power Administration.
Background/Analysis: On November 18, 2008, City Council authorized the Mayor to accept the
Power Sales Agreement with the Bonneville Power Administration (BPA) that is in effect through
September 2028. The primary change in the Power Sales Agreement was a shift from average
embedded melded rates to a Tiered Rate Methodology (TRM).
The proposed amendment to the Power Sales Agreement replaces several definitions and sections to
be consistent with the TRM, which was finalized after the agreement was accepted by the City. The
proposed amendment cleans up the inconsistent language. The proposed amendment is optional and
if the City plans to proceed must be accepted by October 30, 2009. If the City does not accept the
amendment at this time it will be required at a later date.
On September 8, 2009, the Utility Advisory Committee forwarded a favorable recommendation to
City Council to authorize the Mayor to accept the amendment No. 1 to the Power Sales Agreement
with the Bonneville Power Administration.
N:\CC0LINCIL\F1NAL\Bonneville Power Administration Power Sales Agreement Amendment No. Ldoc L - 51
UZ L,ES
Date: September 15, 2009
To: CITY COUNCIL
From: Glenn A. Cutler, Director of Public Works & Utilities
Subject: Bonneville Power Administration Energy Conservation Agreement
Summary: The Bonneville Power Administration offered an Energy Conservation Agreement to
the City. The proposed agreement covers a five-year period, allows a smooth transition between
Bonneville Power Administration rate periods, and would provide additional funding to the City for
local conservation efforts.
Recommendation: Authorize the Mayor to accept the Energy Conservation Agreement with
the Bonneville Power Administration.
Background/Analysis: The Bonneville Power Administration (BPA) offered the City a new
Energy Conservation Agreement that covers a five-year period that coincides with the Northwest
Power and Conservation Council's 6t' Power Plan. The proposed Agreement would provide a
smooth transition for conservation activities between BPA rate periods by providing funding in the
event the conservation rate credit isn't available. The proposed agreement replaces the Conservation
Acquisition Agreement.
The proposed Energy Conservation Agreement is optional and if the City wants to participate it must
be accepted by September 30, 2009. If the City accepts the agreement BPA would provide an
additional $60,000 per year for local conservation efforts. This amount is in addition to the BPA
funding provided through the conservation rate credit. The proposed Energy Conservation
Agreement would provide rebates to residential and commercial electric utility customers such as
insulation, heat pumps, replacement windows, and Energy Star appliances. -
On September 8, 2009, the Utility Advisory Committee forwarded a favorable recommendation to
City Council to authorize the Mayor to accept the Energy Conservation Agreement with the
Bonneville Power Administration.
N:\CCOUNCIL\FINAL\Bonneville Power Administration Energy Conservation Agreement.doc
L-52
•
•
•
•
•
NGELES
Date: September 15, 2009
To: CITY COUNCIL
From: Glenn A. Cutler, Director of Public Works & Utilities
Subject: Western Public Agencies Group Consulting Agreement Amendment No. 1
Summary: The Western Public Agencies Group represents the interests of its electric utility
members before the Bonneville Power Administration. The City's current share of the 2009
proposed scope of work is $10,365 out of the total WPAG budget of $230,000. The scope of
services for the remainder of this year will increase the City's cost by $4,056.
Recommendation: Authorize the City Manager to sign an amendment to the agreement with
EES Consulting, Inc., and Marsh Mundorf Pratt Sullivan & McKenzie in an amount not to
exceed $4,056, which increases the maximum compensation under the agreement from $10,365
to $14,421.
Background/Analysis: The Electric Utility is a member of the Western Public Agencies Group
(WPAG) along with twenty-two other publicly owned electric utilities. WPAG members serve more
than one million customers and purchase more than 6 billion kilowatt hours from the Bonneville
Power Administration (BPA). WPAG represents the interests of its members before BPA, and has
intervened in every major BPA rate proceeding since 1980. EES Consulting, Inc., provides WPAG
technical and financial services and legal services are provided by Marsh Mundorf Pratt Sullivan &
McKenzie.
Each year WPAG proposes an agreement and scope of services to its members, which is allocated to
each utility based on average customers, energy sales, and capital investments. On January 6, 2009,
City Council approved an agreement with EES Consulting, Inc., and Marsh Mundorf Pratt Sullivan
& McKenzie in an amount not to exceed $10,365. Due to the complexity of several key Electric
Utility issues that have required more consulting time than anticipated, WPAG has increased the
City's cost of membership by $4,056 (from $10,365 to $14,421). The Electric Utility budget in
2009 for WPAG membership is $20,000. A copy of the proposed budget addendum including a
description of the additional scope of services is attached.
On September 8, 2009, the Utility Advisory Committee forwarded a favorable recommendation to
City Council to authorize the City Manager to sign an amendment to the agreement with EES
• Consulting, Inc., and Marsh Mundorf Pratt Sullivan & McKenzie in an amount not to exceed $4,056,
which increases the maximum compensation under the agreement from $10,365 to $14,421.
NACCOUNCELTINAMPAG Consulting Agreement.doc L - 53
TO:
FROM:
CLIENT:
SUBJECT:
Consulting
August 14, 2009
WPAG Managers
Anne Falcon
WPAG
2009 Budget Addendum
At the beginning of the year, it was not possible to determine with certainty the
degree of WPAG involvement that would be needed in all of the processes listed for
the year. As such, for this year we budgeted an amount equal to the 2008 budget with
the understanding that additional budget may be needed after the BPA -related
activities become clearer. At this time, the initial budget has been spent and
additional budget is requested in order to finish up the year. Below, please find a
proposed budget for the remainder of 2009.
The scope of services for the remainder of 2009 for WPAG is proposed as follows:
® General WPAG Activities and Meetings
® Tiered Rate Methodology (TRM) Implementation Activities
® RHWM Process
® Negotiation of DSI contracts
® Negotiations with BPA over "System Obligations"
® Work with other publics on preference to FBS capacity
® 9th Circuit briefing in APAC vs. BPA and IPUC vs. BPA
This budget assumes that BPA does not conduct a rate case to establish a variable IP
rate for Alcoa and assuming additional TRM analysis activities are funded separately.
The budget for the scope of services described above is calculated at the following
billing rates for EES Consulting and MMPS&M:
570 Kirkland Way, Suite 200
Kirkland, Washington 98033
Telephone: 425 889-2700 Facsimile: 425 889-2725
A registered professional engineering corporation with offices in
Kirkland, WA; Portland, OR; Indio, CA; and Bellingham, WA
L-54
•
•
•
•
MEMORANDUM TO WPAG Managers
August 14, 2009
Page 2
EES Consulting
President .......................
Managing Director.......
Manager .......................
Senior Project Manager
Project Manager ...........
Senior Analyst ..............
Analyst or Engineer .....
Clerical .........................
MMPS&M
Principal ...........
Associate ..........
........ $165 per hour
.......... 160 per hour
.......... 155 per hour
.......... 150 per hour
.......... 145 per hour
..........140 per hour
.......... 135 per hour
..........120 per hour
.............................................. $165 per hour
................................................ 130 per hour
These billing rates will remain in effect through December 31, 2009.
On the basis of the above billing rates, the additional 2009 labor budgets of EES
Consulting and MMPs &M combined are estimated at $80,000. In addition to labor
costs, out-of-pocket expenses will be billed to WPAG members at their cost to EES
• Consulting and MMPS&M. It is estimated that an additional $10,000 in total out-of-
pocket expenses will be incurred in total. The total estimated additional WPAG
budget for 2009 is estimated at $90,000. An allocation of this budget extension
among WPAG members is attached as Exhibit 1.
Please feel free to call me if you have any questions.
L-55
Western Public Agencies Group
Additional Budget for Remainder of 2009
EES Consulting and Marsh Mundorf Pratt Sullivan & McKenzie
Source: 2008-2009 Northwest Electric Utility Directory (NWPPA), 2008 WPUDA Sourcebook, 2003 EIA Form 412 & 2004 EIA Form 861, Utility Supplied
Total Budget
Labor
Expenses
Total
August 13, ]009
$ 80,000
$ 10,000
$ 90,000
L-56
Average of Customers,
Energy Sales and
Investment
Customers t
Energy Sales t
Investment Z'
Budget Allocation
18.0%
Without Cap
Cap
with Cap
percent of
percent of
percent of
percent of
percent of
number total
kilowatt-hours total
dollars total
total
total
dollars
Individual Utilities
Benton Electric REA
14,047 3.1%
519,034,917 4.3%
$ 55,076,221 5.9%
4.43%
5.77%
$ 5,196
ClallamCounty PUD
29,594 6.5%
791,930,714 6.6%
$ 50,440,018 5.4%
6.17%
8.08%
$ 7,276
Clark Public Willies
180,043 39.7%
5,081,087,000 42.4%
$ 275,772,523 29.4%
37.17%
18.00%
$ 16,200
City of Ellensburg
9,020 2.0%
200,255,889 1.7%
$ 9,744,025 1.0%
1.57%
2.06%
$ 1,852
Grays Harbor PUD
41,708 9.2%
982,601,658 8.2%
$ 140,250,672 14.9%
10.78%
14.02%
$ 12,616
Kittitas County PUD
4,164 0.9%
72,767,000 0.6%
$ 10,581,463 1.1%
0.88%
1.15%
$ 1,036
Lewis County PUD No.1
30,384 6.7%
929,239,755 7.8%
$ 85,282,442 9.1%
7.85%
10.24%
$ 9,218
Mason County PUD No. 1
5,095 1.1%
69,431,086 0.6%
$ . 10,176,188 1.1%
0.93%
1.21%
$ 1,090
Mason County PUD No. 3
32,190 7.1%
668,687,462 5.6%
$ 99,434,348 10.6%
7.76%
10.09%
$ 9,080
Pacific County PUD No.2
16,889 3.7%
296,313,064 2.5%
$ 39,129,640 4.2%
3.46%
4.50%
$ 4,052
Peninsula Light Company
25,151 5.5%
551,615,218 4.6%
$ 59,691,447 6.4%
5.50%
7.18%
$ 6,461
City of Port Angeles
10,522 2.3%
709,659,006 _ 5.9%
$ 18,896,806 2.0%
3.42%
4.51%
$ 4,056
Skamania County PUD No. 1
5,725 1.3%
128,576,272 1.1%
$ 14,208,000 1.5%
1.28%
1.67%
$ 1,506
Tanner Electric Cooperative
4,300 0.9%
67,594,220 0.6%
$ 12,356,404 1.3%
0.94%
1.23%
$ 1,103
Wahkiakum County PUD No. 1
2,360 0.5%
40,025,699 0.3%
$ 7,391,412 0.8%
0.55%
0.71%
$ 640
Pierce County Cooperative Power Association
Alder Mutual Light Company
276 0.1%
3,887,591 0.0%
$ 304,837 0.0%
0.04%
0.05%
$ 49
Town ofEatonville
1,250 0.3%
24,292,160 0.2%
$ 1,150,000 0.1%
0.20%
0.26%
$ 237
Elmhurst Mutual Power and Light Company
13,726 3.0%
259,445,280 2.2%
$ 18,920,525 2.0%
2.40%
3.15%
$ 2,833
Lakeview Light and Power Company
11,511 2.5%
275,456,539 2.3%
$ 8,369,626 0.9%
1.91%
2.52%
$ 2,264
City of Milton
3,408 0.8%
63,932,270 0.5%
$ 2,378,975 0.3%
0.51%
0.68%
$ 608
Ohop Mutual Light Company
4,132 0.9%
77,677,410 0.6%
$ 10,293,640 1.1%
0.89%
1.15%
$ 1,038
Parkland Light and Water Company
5,012 1.1%
118,755,303 1.0%
$ 8,585,910 0.9%
1.00%
1.31%
$ 1,183
Town of Steilacoom
2,718 0.6%
39,721,294 0.3%
$ 918,000 -0.1%10.34%
0.45%
$ 407
Subtotal Pierce County Cooperative Power Association
42,033 9.3%1
863,167,847 7.2%
50,921,513 5.4 /
7.3%
9.58%
$ 8,619
Total
453,225 100.0%1
11,971,986,807 100.0%
939,353,122 100.0%1
100.0%1
100.00%1
$ 90,000
L-56
General Fund 1.'ev0-nues are up
L ) 26a,;} from the same period in
M`18, primsarav related to in-
s creases In pool revenue and build -
Ing and planning permits.
�
Through August 67" 'o of rear
completed), we have collected
nears' C»'o of budget: d reg enuc ;.
r Expendinares are T o louver than
the salve period in 2009 mainly
- clue to a one -flint Sl million
transfer for the: 8111 Street Bridge
project III jully 2008. `1'o date, the
General fund has spent 67% of
s A? budgeted expenditures which is
a
I�_„ N, O11 C1r7Ct for 11111 p(JIIIC Ill the VCar.
In the General f=und, the three
largest reX-enuc sources are at or
slightly
below budgeted levels.
Util'iw tax collections are at 6.3°Jo
of budget, slightly below target for
1�
this point in the year. Sales tax is
°3 at 61 ° collected, and historically
has been just over 64" collected
through .lugusr. Iroper rw t:ax col-
# lections are up nearly 5100,000
�v compared to the carne gime last
til
$400,000
09 V. 08 Variance
2009
2008
$
°r�$300,000
$350,000
r
11,559,667
11,792,766
(233,099) (1.98)
.�
$250,000
• ll
$200,000
$150,000
GENERAL FUND
Revenues -through August
Expenditures -through August
Net Rev. overAunder) Exp.
STREET FUND
Revenues -through August
Expenditures -through August
Net Rev. over/(under) Exp.
1,010,835 998,119 12,716 1.27
879,85'3 886,573 (6,720) (0.76) 1
130,983 111,546
gear, however we have collected 55% comparisons will be skewed. The most
:rear to date, the same level as 2008. accurate comparisons take place at
year encs, when all revenues and ex -
In the Street Fund, revenues collected penciitures have been posted and rec-
onciled up l 'ir from 20(78. Through August,onciled for the entire pear.
Street. fund expenditures are almost
l`''o lower than 2008, prinlardy due to
the timing of projects and vacant Josi-
_ _ 1 fi-' '.9N nue throcigh August
tions not being' filled. �`Ith 6 r ��u Of the 1 L �t ux
gear
completed, we
are significantly «� e �
���2008��1
below target with revenues 60% of
�astTax�$�269,1SI$2828'�d0`
budget collected) and expenditures�a���fti�"
s m h r2� ,atfvzr cz..
(5_7 ',o spent) in the Street Fund. The
o
x ��3Gas�Tax down 5/o from�2a48,��,
year-end amended budget ,will adjust
c�
these variances.
Due to timing issues -with certain reve-
nues and expenditures, some monthly
Sales Tax Revenue —fir -2008
by Month —G 2009 �
—40— 2009 Budget
- --- —-
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
Through August,
we have collected.
61% of budgeted
Sales Tare revenue.
Historically; we
haue collected 6Plu
of budgeted sales
tax revenue at this
point in the year.
09 V. 08 Variance
2009
2008
$
11,107,179
10,822;343
284,836 2.63
11,559,667
11,792,766
(233,099) (1.98)
(452,488)
(970,423)
1,010,835 998,119 12,716 1.27
879,85'3 886,573 (6,720) (0.76) 1
130,983 111,546
gear, however we have collected 55% comparisons will be skewed. The most
:rear to date, the same level as 2008. accurate comparisons take place at
year encs, when all revenues and ex -
In the Street Fund, revenues collected penciitures have been posted and rec-
onciled up l 'ir from 20(78. Through August,onciled for the entire pear.
Street. fund expenditures are almost
l`''o lower than 2008, prinlardy due to
the timing of projects and vacant Josi-
_ _ 1 fi-' '.9N nue throcigh August
tions not being' filled. �`Ith 6 r ��u Of the 1 L �t ux
gear
completed, we
are significantly «� e �
���2008��1
below target with revenues 60% of
�astTax�$�269,1SI$2828'�d0`
budget collected) and expenditures�a���fti�"
s m h r2� ,atfvzr cz..
(5_7 ',o spent) in the Street Fund. The
o
x ��3Gas�Tax down 5/o from�2a48,��,
year-end amended budget ,will adjust
c�
these variances.
Due to timing issues -with certain reve-
nues and expenditures, some monthly
Sales Tax Revenue —fir -2008
by Month —G 2009 �
—40— 2009 Budget
- --- —-
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
Through August,
we have collected.
61% of budgeted
Sales Tare revenue.
Historically; we
haue collected 6Plu
of budgeted sales
tax revenue at this
point in the year.
400.060 v Y lhrauQli August ;67,„ of rile gear com-
-- T pleted) the Cin- has collected 63"o of all
1 E U1111ii Tax 1<Zeu nue ColleNei! through -August
,.=Ge000- -.
�s lit, tales. I Iistoricallv, we have col -
Lit .
lected 65.3"a at this poUlt al the year.
Since tax revenue in a majorit,- of the
.00c.000 -----
utilities is corning ul below budget, :4-e
I propose rNducing the 20!19 gear -end esti-
3000,30--t` - - - -- - — ---- -- _` mates for laetrile, Water, Sc}lid \'-aste
e 20( t 0Ilections, and the Solid Waste "Transfer
500000 I- __ .- _ ® 2009 >tatton. The Intal anweuit of the pro -
It
® 2009 Budge, lt nosed reduction rn uttlin• taxes is nearli-
i
t S2`'S 000. -These lower than anticipated
40o 000 ----- -�
I j tM-cnues are a result of lower tonnage
levels at the transfer station mid rile: clo-
200 000 �- -
I I � sure noelturlorigh Of local businesses.
1 io"N-m-er, we also prop,75e illcreastrl the
t
j budget fc,r \� aste��•ater anti Storm\xater
' Electric Water Wastewoter SW- SW-Transier Stormwater
j 1):• nc•nrly- S19,00,1r. for a net reduction o1
C-llect?ons Stn _—
� �I19,QI 11).
RevenueDevelopment
Don't Forget the seasonal effect on Building Permits
Community Development
Revenue Collected through August
2009 vs. 2008
Revenue Source 2009 2008 % variance
Building Permits
5 206,856
$124,680
65.9%
Plumbing Permits
10,749
8,299
29.5%
Mechanical Permits
14,068
13,199
6.6%
Sign Permits
1,414
3,571
-60.4%
Plan Checking Fees
106,557
49,500
115.3%
Planning Permits
5,580
4,950
12.7%
Zoning Fees
11,875
4,890
142.9%
Total Revenue
$ 357,100
$ 209,089
70.8%
$85,000
Lodging Tax Revenue
Lodging Tax
$70,000
By Month --
venue collected
rough August
K2009
is down 16%
555,000
I
�� j
%
from the same
period in 2008.
We have collected
$40,000
r
43% of budget.
Historically we
$25,000
--
�
have collected 46%
of budget through
August.
$10,000
Jan Feb May Apr May June July Aug Sept Od Nov
Dec
L-
-- 2008 --D-2009 -G- 2009 Budget
M - 2 M-2
•
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
July 22, 2009
6:00 p.m.
ROLL CALL
Members Present: John Matthews, Werner Beier, Tim Boyle, Nancy Powers,
Carla Sue
Members Absent: Mike Caudill, Doc Reiss
Staff Present: Nathan West, Scott Johns, Heidi Greenwood, Sue Roberds
Public Present: Aric Mackey, Jan Harbick, Barbara Frederick
In the absence of Chair Reiss, Vice Chair Matthews opened the public meeting at 6:00 p.m.
APPROVAL OF MINUTES
Following clarification that discussion summarized regarding the Hankins rezone
consideration correctly identified the additional property being recommended for rezone,
Commissioner Powers moved to approve the July 8, 2009, meeting minutes. The motion
r was seconded by Commissioner Beier and passed 5 — 0.
PUBLIC HEARING:
CONDITIONAL USE PERMIT — COMMUNITY MARKET - CUP 09-03
123 East First Street (Clallam Transit Bus Lane): An outdoor community market
one day each week (Sunday) from March 1 to November 15.
Associate Planner Scott Johns reviewed the Department's report recommending
approval of the community market to be located in the Clallam Transit bus lanes until November
15, 2009. He indicated that market organizers have asked to utilize the public restroom facilities
located at the adjacent Gateway Pavilion that is operated by the City of Port Angeles. It has also
been suggested that the pavilion area could be used for overflow by market vendors.
_ .._ - _ _ - ._ _ _ _._-- I response to_CommissionexBeier,_as tohow an extensi.o nsequest-for-the permit -activity _ .._ _. ........_ .
would be reviewed, Mr. Johns responded that the Port Angeles Municipal Code provides that
conditional use permits with specified periods of time may be extended following a favorable
review indicating that the use has operated as conditioned and without negative impacts. At such
time, impacts of a use would be considered as well as any modifications to the activity to either
mitigate impacts or authorize changes in operation.
Mr. Johns responded to Commissioner Beier that the location does not impact the
- - shorel--ine--area.- A -portion -of --the -site-is--located-in-a: floodplain, but given -the fact -that Peabody -
Creek is culverted in the area, the use does not pose any more impact than any other activity in
the Downtown to that floodplain area.
M-3
Planning Commission Minutes
July 22, 2009
Page 2 •
There being no more questions from the Commission, Vice Chair Matthews opened the
�..., public hearing.
Aric Mackey, 1014 Grant Avenue, spoke regarding operation of the proposed
community market. He had read the staff report and had nothing to add to the report. He
clarified that market hours would be from 8 a.m. to 6 p.m. including set up and break down
times. Actual market hours would be advertised as 10 a.m. to 4 p.m.
In response to a question from Commissioner Matthews as to the difference between a
farmers' market and a community market, Mr. Mackey said that the community market will be a
combination of typical farmers' market vendors, e.g., growers and hobby vendors, but will also
include a broader scope of vendors such as retail business operators who wish to have a more
visible location, or those who don't have a business address. Two rows of stations can be
accommodated on each side of a main aisle for a total of approximately 50 vendors. A panel of
vendors will be appointed to discuss any vendor issues that may arise. Ultimately, a member of
the market corporation will decide who will be permitted to participate in the market activity.
Barbara Frederick, Executive Director of the Port Angeles Downtown Association, 815
South Race Street, wished to express wholehearted support on behalf of the Downtown
Association for approval of the market activity. Anything that will bring people Downtown to
shop is a help, especially on Sunday.
There being no one else to speak to the matter, Vice Chair Matthews closed the public
hearing.
Following brief discussion regarding the extension process, Commissioner Boyle moved
to approve the conditional use permit with the following conditions, findings, and •
(� conclusions:
{�
Conditions:
1. The Community Market shall operate within the Gateway Transit Center, particularly
east of the public parking structure to the west of the Gateway bus transit lane. Use of
the facility is regulated by the property owner/manager.
2. The Community Market shall operate on Sundays only from 8 a.m. to 6 p.m. Operation
of the market shall be per the "2009 Rules and Policies" that is part of the application
packet. Any revisions to the Rules and Policies shall be approved by the Department of
Community and Economic Development.
3. Approval for the Community Market activity shall be from July 22 to November 15,
2009. Consideration of a continued Market use within the Downtown shall be granted
after a more detailed review of the operation's first season, the formulation of set
- - - -- - ---- - -pr-ocedur-es-and poliGies-for-use-of Gity-faGi-l-ities-within the-Downtown,—and shal-l-be-based-- - - - - - -
on public comments through a public hearing process.
4. Vendor vehicles not parking in the transit lanes shall be parked consistent with all
parking regulations.
5. Market management shall provide a list of vendors to the City on a monthly basis.
-
Findings--
Based
indings:Based on the information provided in the Community Development Staff Report for CUP 09=03 •
J dated July 22, 2009, including all information in the public record file, comments and testimony
presented during the public hearing, the Planning Commission discussion and deliberation, and
M -4t
Planning Commission Minutes
July 22, 2009
Page 3
( the above listed conditions of approval, the City of Port Angeles Planning Commission hereby
�. finds that:
1. Aric Mackey submitted Conditional Use Permit application CUP 09-03 to allow a
community public market use to operate in the public transit lane and the Gateway
Transit Center in Downtown Port Angeles on June 24, 2009. The application identifies
an intent to operate from 10 a.m. to 4 p.m. on Sundays, between March I" and November
15th and includes a list of operation regulations entitled "2009 Rules and Policies".
Consideration of the Conditional use permit determination is dependent on the activity
operating per the Rules and Policies as submitted.
2. The proposed site, is located between Railroad Avenue and Front Street west of Lincoln
Street in Downtown Port Angeles at 123 E. Front Street. The site is zoned Central
Business District.
3. The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent
properties are also designated as Commercial.
4. The site is located in the City's Harbor Planning Area. The Port Angeles Harbor and
shoreline area are located one half block north of the proposed site.
5. Development in the neighborhood includes one and two story commercial and mixed use
buildings, parking areas, and public gathering areas.
6. Operation of the Gateway Plaza site east of the proposed site is under separate
management, and its use must be approved through a separate process. The Gateway
Transit Center and Pavilion are recently completed public transit and public gathering
facilities. Specific policies and procedures for use of the areas have not been finalized.
The proposed activity is the first use proposed for the transit center other than for typical
transit purposes for which the cenier was originally intended.
7. Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permit uses as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are consistent and
compatible with the purpose of the zone in which the use is located, consistent with the
Comprehensive Plan, and not contrary to the public use and interest. In each application
the Planning Commission may impose whatever restrictions or conditions are considered
essential to protect the public health, safety, welfare, and to prevent depreciation of
neighboring property. Uses are to be evaluated to determine if the characteristics of the
intended use as related to the specific proposed site would defeat the purpose of the
City's Zoning Regulations by introducing incompatible, detrimental, or hazardous
conditions. The Planning Commission may refuse to issue a conditional use permit if the
characteristics of the intended use would defeat the purpose of the City's zoning
regulations. Conditional Use Permits may be initially approved for no more than one
year but may be extended following the initial year.
8. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land
Use Element -Policy A 2; Land-UseElemenfGoal-D],-and-Goal E; Transportation Element
Policy B.16; Economic Development Element Goal A, Policy A.2, and Goal B are most
relevant to the proposal and are provided as an attachment to these findings.
M-5
Planning Commission Minutes
July 22, 2009
Page 4
9. An activity approved through the conditional use permit process must remain in continual
compliance with specific conditions of approval or may be revoked.
10. Reviewing City Departmental comments were considered in the review of this
application. Reviewing City departments had no concerns with the proposal.
11. Notification of the proposed action and conditional use permit application was placed in
the Peninsula Daily News on June 26, 2009 and posted on the subject site on July 7,
2009. Public notice was mailed to property owners within 300 feet of the subject property
on July 2, 2009.
12. A Determination of Non -Significance has been issued for this proposal and fulfills the
City's responsibilities under the State Environmental Policy Act (SEPA).
13. The Planning Commission opened a public hearing on the proposal at the July 22. 2009,
regular meeting.
Conclusions:
Based on the information provided in the Department of Community Development Staff Report
for CUP 09-03 dated July 22, 2009, including all of the information in the public record file,
comments, and testimony presented during the public hearing, the Planning Commission's
discussion and deliberation, and the above listed conditions of approval and listed findings, the
City of Port Angeles Planning Commission hereby concludes that:
1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan,
specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D,
and Land Use Element Goal E; Transportation Element Policy B.16; Economic
Development Goal A and Policy A .2, and Economic Development Goal B.
2. The proposal is consistent with requirements for approval of a conditional use permit as
specified in PAMC 17.96.050.
Commissioner Beier seconded the motion which passed 5 — 0.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Director West provided an update of Council actions by saying that Council concurred
with the recommendation to approve the Hankins rezone request and the CDBG grant
application for a facade improvement program was approved. Staff still has not received the
final AIA report for the SDAT visit. Hopefully, the report will be ready by end of summer.
REPORTS OF COMMISSION MEMBERS
Commissioner Boyle reported on the latest Port Angeles Forward Committee meeting
(7/9/09), and noted that additional economic development informational seminars are being •
v planned as a follow up to seminars held earlier this year.
M-6
•
Planning Commission Minutes
July 22, 2009
Page 5
ADJOURNMENT
The meeting adjourned at 6:50 p.m.
ue Roberds, / cretary
PREPARED BY: S. Roberds
John Matthews, Vice Chair
M-7
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 12, 2009
6:00 p.m.
CALL TO ORDER
Chair Reiss called the meeting to order at 6:00 p.m.
Members Present: Nancy Powers, Carla Sue, Mike Caudill, Doc Reiss,
Werner Beier, Tim Boyle, John Matthews
Members Absent: None
Staff Present: Scott Johns, Roberta Korcz, Heidi Greenwood,
Sue Roberds, Richard Bonine
Public Present: Tom Callis
APPROVAL OF MINUTES
is
Commissioner Powers moved to approve the July 8, 2009 minutes as revised by •
staff. Commissioner Boyle seconded the motion that passed 6 - 1 with
Commissioner Beier abstaining due to his absence at the meeting. Chair Reiss
thanked staff for revising the minutes to include elaboration on the discussion had during
the July 8 deliberation with regard to the Hankins rezone application.
Commissioner Beier moved to approve the July 22, 2009 minutes as presented. The
motion was seconded by Commissioner Sue and passed 6 - I with Commissioner
Reiss abstaining due to absence at the meeting.
PUBLIC HEARING:
CONDITIONAL USE PERMIT - GATEWAY PLAZA - CUP 09-05 -
125 East First Street: Allow various uses, including community
gatherings, festival events, public markets, private parties, and trade shows
Chair Reiss qualified the Commission by reviewing the quasi judicial public hearing
questions regarding appearance of fairness or conflict of interest issues. All
Commissioners responded that there were no issues to divulge. There being no
issues or concerns, he then opened the public hearing.
-- - _- - -_.--Associate Planner Seott Johns -reviewed -staff's report -recommending -approval oflh-e - - — -
conditional use permit with one condition. Commissioners asked general questions •
regarding presentation of the information relative to operational policies and fees. Mr.
ZM
Planning Commission Minutes
August 12, 2009
i— Page 2
Johns suggested that those questions should be addressed to Deputy Parks and Recreation
Director Bonine who was present in the audience.
In response to a question from Commissioner Matthews, Planner Johns answered that
public parking is available underneath the pavilion area but that parking is public and can
be used only on a first come first served basis. There is no dedicated parking available
anywhere for the pavilion use with the exception of the Police Department office on site.
Commissioners discussed the various uses proposed: weddings, private parties, semi
public events, birthday parties, etc. The site seems a bit open for these uses and
Commissioners asked questions as to whether the site would be cordoned off for events.
Chair Reiss opened the public hearing to discuss issues with the applicant.
Richard Bonine, Deputy Parks and Recreation Director for the City of Port Angeles
responded to Commission questions about available parking and that firm operational
policies and fees had not been adopted. He preferred to wait until he was sure the
conditional use permit would be approved to put final effort into formulation of final
operational policies and procedures and to set fees through the City's Parks and
Recreation Commission. City staff will manage use of the Gateway pavilion under the
oversight of the City's Parks and Recreation Commission. At this time, a fee of $75 per
event is anticipated. Reservations will be first come, first served.
Commissioner Matthews was concerned with the term "private." How private could a
party be in this location? He explained that his interpretation of private means
"exclusive", which is bothersome given the public ownership of the site.
Mr. Bonne responded that the public portions of the pavilion will remain available to the
public even if an event is occurring: someone who is not a party to a planned event could
still use the public restroom facilities if they are open. Only the pavilion area would be
rentable separately. The restroom facilities will be open from 7 -7:30 a.m. to 8:30 - 9
p.m. daily. The facilities will be jointly monitored by Clallam Transit and City staff.
Discussion continued on the impact to parking in introducing a new use in the Downtown
without dedicated parking. Mr. Johns reiterated that there is no dedicated parking for the
use but there is parking available in the area through the PBIA. Commissioner Boyle was
also concerned that use of the pavilion could draw many more people to the area without
providing additional parking.
Mr. Johns noted that there are several places to park in the Downtown that are not
immediately in the area of the pavilion but are part of the Downtown complement of
parking. He believed that merchants in the Downtown would love to 'see a parking
problem caused by a greater number of people drawn to the Downtown for any reason.
Commissioner Boyle was concerned that draft procedures and policies were not available
for review or consideration by the Commission, which is common with other conditional
use permit reviews.
J
AW
Planning Commission Minutes •
August 1 Z, 2009
Page 3
Mr. Bonine again stated that he would first ask for approval then formulate policies and
regulations for the operation. He has drafted policies but they are not final.
Chair Reiss noted that he has worked with the City to use public facilities during Arts In
Action events and it is not an onerous process. The regulations are reasonable and in the
best interest of the public. Regulations address use of whatever public facility is
requested and require that.it be left clean and undamaged. He noted that the issue at hand
is the activity and that the finite matters of operation should be left for the Parks and
Recreation Commission to work through with staff.
There being no further testimony, Chair Reiss closed the public hearing. (Mr. Bonne left
the meeting room at this point.)
The Commission continued to discuss the lack of policies and procedures and potential
scenarios of operation amongst themselves. They continued to express question
regarding parking matters in that the pavilion usage can be up to 999 people. They were
concerned about exclusion of public from scheduled events and how that would occur
without incident.
Following significant discussion on these matters, Commissioner Boyle moved to
approve Conditional Use Permit CUP 09-05 with one condition, citing the following •
Ofindings and conclusions in support of that decision:
Condition:
1. It is the responsibility of the Public Works and Utilities Department Parks and
Recreation Division to manage the activities occurring at the Gateway Plaza to
ensure that all policies and rules established for the Gateway Plaza be adhered to
during events.
Findings:
Based on the information provided in the Community Development Staff Report for
CUP 09-05 dated August 12, 2009, including all information in the public record
rile, comments and testimony presented during the public hearing, the Planning
Commission discussion and deliberation, and the above listed conditions of
approval, the City of Port Angeles Planning Commission hereby finds that:
1. The City of Port Angeles Public Works & Utilities Parks and Recreation Division
submitted Conditional Use Permit application CUP 09-05 to allow community
events, festivals, concerts and other activities at the Gateway Plaza structure in
Downtown Port Angeles on July 27, 2009.
2. The Gateway plaza area is a portion of a larger developed public transit center.
--- _- -- ----—T-he-proposed-uses-will be_limited to the-plaza-area-and-restrooms.-he_plaza— ---- --------
U contains approximately 11,000 gross square feet of area.
3.. The transit lanes of the Gateway Transit Center are used six days each week by
Clallam Transit busses and are not included in this permit.
M-10
Planning Commission Minutes
August 12, 2009
Page 4
4. The site is zoned Central Business District. Adjacent land use designations are
also Commercial.
5. The proposed site is located at 125 E. Front Street and is located on the northwest
corner of Lincoln Street and Front Street. The site is zoned Central Business
District, CBD.
6. The Comprehensive Plan Land Use Map designates the site as Commercial. The
area is also located in the City's Harbor Planning Area. Development in the
vicinity includes expected Downtown development, including commercial
businesses, recreational, and industrial activities along the Port Angeles Harbor
shoreline.
7. The Gateway plaza area includes on site public parking. Fifty three (53) on site
parking spaces are provided in the plaza area as part of the Gateway development
of which 16 are free and 37 are permit spaces. The total Gateway site includes
169 off street parking spaces. Public parking is also provided within the larger
Downtown area through the PBIA at several locations. Event participants and
spectators will be allowed to use the lower level public parking area as it is
available.
8. Activities such as public gatherings, festivals, open air markets, private parties,
and trade shows are not specifically listed as permitted or conditional uses in the
CBD zone, but such activities are expected in typical Downtowns. Generally,
uses that are not permitted outright by the Municipal Code can be allowed by
conditional use if the intended activity meets with the intent and purpose of a
specific zone and fulfills expectations of the Comprehensive Plan. Uses that are
compatible with the intent of the zone may be allowed by conditional use permit
as an "Other uses compatible with the intent of this Chapter." (PAMC
17.24.160.(H)).
0
The Gateway public area was cooperatively developed with the intent that it be
used for community functions and activities. The plaza area of the facility is a
City of Port Angeles owned facility that is managed by the City's Parks and
Recreation Division. Specific policies for use, operation, fees, etc. at the plaza are
being developed by the City. Those specific policies will govern individual
activities at the plaza and will be adjusted by City personnel should issues arise.
10. Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permit uses as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are
consistent and compatible with the purpose of the zone in which the use is
located, consistent with the Comprehensive Plan, and not contrary to the public
use and interest. In each application the Planning Commission may impose
whatever restrictions or conditions are considered essential to protecrthe public
health, safety, welfare, and to prevent depreciation of neighboring property. The
Planning Commission may refuse to issue a conditional use permit if the
M-11
Planning Commission Minutes •
(� August 12, 2009
\ Page 5
characteristics of the intended use would defeat the purpose of the. City's zoning
regulations.
11. The City's Comprehensive Plan was reviewed for consistency with the proposal
Land Use Element Goal A and Policy A.2; Land Use Element Goal E; Land Use
Element Goal F and Policies F.1 and Objective F. 3; Transportation Element
Goal B, and Policy B. 14; Utilities and Public Facilities Element Goal B and
Policy B.3, Goal C and Policy C. 5; Economic Development Goal,4 and Policy
A.6. were found to be most relevant to the proposal.
12. A development that is approved through the conditional use permit process must
remain in continual compliance with specific conditions of approval or may be
revoked.
13. Extensions of approved conditional use permits may be granted if the use
complies with the permit conditions and if there have been no significant, adverse
changes in circumstances, or the adverse impacts have been adequately mitigated.
14. Reviewing City Departmental comments were considered in the review of this
application.
15. Notification of the proposed action and conditional use permit application was
placed in the Peninsula Daily News on July 24, 2009. Public notice was mailed to .
Oproperty owners within 300 feet of the subject property on July 24, 2009. Notice
of the proposed action was posted on the subject site on July 24, 2009. Written
comment was accepted until August 7, 2009. No written comment was received.
16. A Determination of Non -Significance was issued for this proposed action on
August 10, 2009.
17. The Planning Commission opened a public hearing on the proposal at the August
12, 2009, regular meeting.
Conclusions:
Based on the information provided in the Department of Community
Development Staff Report for CUP 09-05 dated August 12, 2009, including all of the
information in the public record file, comments, and testimony presented during the
public hearing, the Planning Commission's discussion and deliberation, and the above
— -listedcoitions of approval andlied f ridings, the City of Port-Amgeles Plannin
Commission hereby concludes that:
1. As conditioned, the proposal is consistent with the intent of the Comprehensive
Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use
Element Goal E; Land Use Element Goal F and Policies F.1 and Objective F 3;
Transportation Element Goal B, and Policy B. 14; Utilities and Public Facilities
--- - --- ---- Ele-ment-Goal-B-and-P-ol-icyB-3-Goal--and-P-oliay-GS-Economic-Development------ ------
Goal A and Policy A.6. •
2. The proposed use complies with Section 17.24. (CBD Zone) of the Port Angeles
Municipal Code and, as conditioned, the proposal is consistent with development
M-12
Planning Commission Minutes
August 12, 2009
Page 6
standards for other uses compatible with the intent of the CBD zone, sub section
17.24.160(H).
3. The proposal is consistent with requirements for approval of a conditional use
permit as specified in PAMC 17.96.050.
4. The proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance).
Commissioner Matthews seconded the motion that passed unanimously.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Associate Planner Johns circulated the fagade improvement program ordinance adopted
by the City Council on August 5. The facade improvement program provides a grant
opportunity for business improvements in commercial zones City wide.
The final, final version of the American Institute of Architects visit to Port Angeles this
past spring has been received and will be available on the City's web site by the end of
the week.
REPORTS OF COMMISSION
Commissioner Caudill asked if there could be potential conflict between the farmer's
market or other users of the Gateway Transit Center and pavilion area. Planner Johns
noted that final management procedures and policies have yet to be finalized but staff and
the Parks and Recreation Commission will formulate the final procedures and policies
based on established current City facility use policies. He asked how far in advance can
the facility be reserved, and could someone potentially monopolize the site for personal
or business use? Do you pay in advance, or pay as you use?
Attorney Greenwood noted that there is significant case law with regard to use of public
property_, and the procedures and policies will be finalized per that case law as is the case
with the use of any City facility.
ADJOURNMENT
The meeting adjourned at 7 p.m.
Sue Rober s, ecretary Doc Reiss, Chair
PREPARED BY: S. Roberds
M-13
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
BUILDING
DING DIVISION MONTHLY PERMIT REPORT AUGUST 2009,
CATEGORY
JW
FEB.-
MAR.
APR.
MAY
JUNE
JULY
AUG.
2009 YTD 2008 YTD
RESIDENTIAL -NEW
Value
............... i ...............................
$50,000
i ...............
$66,000
................................
................. ..............................
...............
$129,271
.............. i ................
$112,831
................................
.................. 1 ..................
$58,431
5 2
$416,633 $167,876
SINGLE FAMILY
Value
1
$190,653
1
$152,102
.................
?
$357,069
$560,347
$426,255
10
$1,151,666
18 14
$2,838,092 $2,727,717
............... nL!I_tmm ............ I
Value
...............................
................................
I ...............................
..... I ..................
.............................
............ I ...................
................................
....................................
1
$249,618
Value
$188,072
$33,912
$87,024
$24,960
$21,600
$98,475
$24,228
18 is
$9,600
$487,871 $335,040
COMMERCIAL -NEW
....................... ..............................................................................................................................................I................................................I...........I...
Value
. 1
$573,450
.
.
$573,450
............... ............
Value
................................
................................
................................
........... ...................
................................
Rff!CE
Value.......
.......... *
....................... *
................................
* ..............................
................................
................................
....................................
1
$94,496 $478,680
............ RNNnaRNNa ........................................................................................................................................................
Value
I
1
$10,000
AUTO/SERVICE ..
.............. ...............................................
Value
'""...........
$6,400
..........................................................."...............................................................................
.
I I
$6,400 $500,000
..................I.N...D.USTR...i.A...L.
Value .........I ...
.........................
..........................
........I........... .
. i
$293,821......
1 2
$293,821 $704,062
PUBLIC - NEW
....S..C.H.O.OLS/HOSP /GOVT
............... ....................................................................................................................................................................
Value
.
.
* * ***....................................................�.........................
$39,776
. i
�6,000,000
3 1
526,039,776 $1,800,000
HES
.................. ...............
Value
................................
...............................
...............................
................................
........................... ...
.............................. .
................................
...................................
.............RECREATION
Value
...............................................................
1
$i�"000...............$35,
.
*...............
.
600
2
$50,000
REPAIR & ALT.
RESIDENTIAL
Value
22
$124,294
16
$204,263
27
$278,007
27
$310,288
22 .......
35
....... $362,835 . . . . ........
. ...... .... ..
38
.. . ..... . ..
....... $125,490 . .. . . .
40
.. . ..... .... .
$ 3 26,78 3
227 269
$1,900,352 $2,229,468
Value
$55,078
$182,569
$113,940
$3,837,990
12
$408,466
14
$846,861
$470,244
6
$ . 54,590
77 89
$5,969,738 $2,634,385
...................... PUBLIC
I .....................
Value
3
..............................
$38,318
2
...............................
$5,000
1
...................... ........
$9,500
...............................
2
... .................
$44,640
.............. i ................
$11,000
.............. ...............
$374,243
13 is
................. .................
$22,500
$606,201 $1,472,217
DEMOLITION /MOVE
Value
2
$140,600
3
$120
$100
$0
i
$400
$0
i
$0
15 is
$141,220 $344,500
BUILDING TOTALS
BLDG PERMITS
............. I .......................................
CONST. VALUE
36
...............................
$1,360,465
35
...............................
$586,360
42
...............................
$662,073
41
...... I ........................
$4,208,238
40
...............................
$1,129,438
60
... I ............................
$2,032,525
67
.. '�R '�61
62 ............
[$27,917,391
382 416
$39,316,950 $13,643,463
BLDG PERMITS FEE
$16,919
$11,789
$18,091
$39,022
$13,446
$32,994
$22,478
1 $196,936
$351,676 $192,572
BUILDING DIVISION NEW PROJECT
Peninsula College, Maier Hall $26,000,000
•
M-14
•
PORT ANGELES FORWARD COMMITTEE
Port Angeles, Washington
Meeting Minutes for August 13, 2009
Mission Statement:
To create a strong economically and culturally vibrant community
that will enhance the lives of our citizens.
CALL TO ORDER: Co -Chair Perry opened the meeting at 7:33 a.m.
ROLL CALL:
Members Present: Co -Chair Don Perry, Mike Chapman, Larry Morris for Doug Nass, Terry Weed,
Linda Rotmark, Terry Smithton, Terry Roth, David Miller, Mike Edwards and
Tim Boyle. Chair Cherie Kidd arrived at 7:50 a.m.
Staff Present: Kent Myers, Nathan West, Scott Johns, Teresa Pierce
Public Present: None.
Approval of Minutes
L. Rotmark moved to accept the July 9, 2009 minutes as presented. M. Chapman seconded the
motion. The minutes were approved unanimously.
AIA Grant Final Report
N. West reported that the draft of the final report had been received, but a few revisions still needed to be
made. Final draft is expected at any time. S. Johns has updated the rating spreadsheet for items and
projects based on the AIA recommendations. Approximately 77 items are on the list at this time. The
Fagade Improvement Program was recently approved by City Council. The Final report is expected to be
complete and ready for presentation at the September meeting.
S. Johns reported that a PDF of the final report will be on the City's website and also be provided to the
committee as soon as it is available.
City Manager Myers reported that Deputy Mayor Betsy Wharton has requested to be at the September
meeting to make a presentation regarding signage in the area. Item will be added to next meeting agenda.
Economic Development — Downtown Port Anzeles / Update on Preparation of Business Resources
Survev
D. Perry reported that the sub -committee had not had the opportunity to meet yet. He suggested that they
stay after today's meeting to discuss and set a time to work on the survey.
D. Perry reported that Heritage Weekend was a great success. T. Roth reported that stores were busy.
Next year the Port Angeles Downtown Association will be organizing the event.
M-15
Port Angeles Forward Meeting Minutes
August 13, 2009 0
2010 Census — Opportunities for Involvement
K. Myers explained the importance of the census process and how having accurate population numbers is
important for a variety of reasons including being the basis for how federal funds are awarded to states and
communities. Efforts are necessary to reach out to all population demographics. K. Myers inquired if PA
Forward would be interested in participating as a Census Complete Count Committee. M. Chapman
reported that mail in returns, on average, are about 60% but the County has traditionally been significantly
less. He added that certain areas of the County are very under -represented because of the low percentage
of returns so it is very important to get the word out so people will return the survey. He agrees this would
be a good project for PA Forward.
A handout was provided from the Census Bureau (CB) regarding the details of the partnership agreement.
M. Chapman suggested representatives from the CB come to a PA Forward meeting and make a
presentation. T. Smithton expressed interest in having the CB come and make a presentation to the Port
Angeles Business Association. T. Boyle suggested bringing service clubs in to participate. Staff will see if
they are available to come to a future PA Forward meeting.
K. Myers also reported that the CB offers another program that includes training on use of census data.
The City and County could possibly sponsor this as a joint effort.
Chair Kidd joined the meeting at 7:50 am.
Discussion returned to the AIA grant. Chair Kidd asked about plans to roll out the results. Chair Kidd
suggested holding a public meeting to talk about the final report to keep the momentum going. M. •
Edwards suggested taking the long list and condensing it down to a more workable list for public review.
A list ranking the items will be presented to PA Forward prior to the roll out.
T. Smithton asked if there was an official City flower which could be used as way to provide uniformity in
the downtown. She will check with Andrew May to see if there is a specific plant or flower.
"Pick Up PA "
Chair Kidd reported that the "Pick Up PA" concept had folded into the Painting the Town project. D.
Perry would like to know more about placing additional trash cans in the downtown and perhaps having
businesses sponsor them. T. Roth responded that the Port Angeles Downtown Association (PADA) had
looked into the cost and found that the least expensive containers were $250 each, but they were not
durable. Based on other pending projects, PADA did not move this project forward. T. Roth will bring the
issue back to the PADA again for their consideration.
T. Roth reported on the Painting the Town Project. Five major projects are left to complete including the
Kaufmann -Miller, McLean's, and old Harrington's buildings. Discussions with the owners of the Lincoln
Theatre building continue, and the Elks Building is set to be painted. Community service workers might be
used to clean up parking lots and alleys.
D. Perry recognized the outstanding effort and commitment of Mike Edwards on the Painting Project. T.
Smithton asked about publicity. T. Roth reported that Port Angeles is part of the Main Street program and
recently representatives were in town and were truly amazed at the progress and results. The Project has
been featured several times in the Peninsula Daily News and also on NCN and CHEK television.
Page 2 of 5
M-16
•
. Port Angeles Forward Meeting Minutes
August 13, 2009
Continuation - Discussion of 2010 Future Proiects per Council Recommendation
M. Edwards stated that the 2010 Olympics is another opportunity to promote the Paint the Town project.
Chair Kidd added that the 2010 Olympics are an opportunity for Port Angeles and Victoria to work
together, whether by adding flags in the downtown or finding other ways to participate. K. Myers reported
that the City plans to meet with the Mayor of Victoria later this Fall.
T. Smithton reported that PABA hopes to have the Mayor of Victoria and/or the Director of their Tourism
come and speak in the near future. Chair Kidd hopes to have more Canadian flags placed along the
waterfront to greet visitors. D. Perry reported a 50% increase in Canadians taking part in his tours.
M. Edwards asked about finding ways to improve, or increase, transportation routes between here, Canada,
and the San Juans, and/or offering travel packages on how to get here and where to stay. T. Roth recalled
how the Canadian Exposition in the 1980s did not really draw people to the Peninsula that year, but there
was a marked increase in the years immediately following that represented people returning to visit our
area.
M. Chapman said it is important to realize the various organizations that already have strong marketing
programs in place and those need to be supported. Russ Veenema of the Port Angeles Regional Chamber
of Commerce and Diane Shostak of the Olympic Peninsula Tourism Bureau have well-established and
robust campaigns in place and he believes our area is well-positioned for tourism promotion.
• M. Edwards suggested that the committee use the AIA recommendations as ways to enhance the area for
the 2010 Olympics. K. Myers reported on the plans for the Coho Ferry terminal improvements and the
Waterfront promenade project and how this will be tremendous asset to the community. A conceptual plan
may be available for the next meeting.
•
K. Myers reported that one of the recommendations from the AIA Study was for a farmers market to be
located in the downtown area. He announced that the Port Angeles Farmers Market will be located in The
Gateway for the next two Saturdays on a trial basis, and the success of these trail runs will determine if
they will decide to make this their permanent location. K. Myers distributed a flier promoting the event
and encouraged members to forward this info to their respective groups.
Member Reports
T. Smithton reported that October 18' 2009, will be "Safe Community Appreciation Day" and will be a way
for businesses to show their appreciation for Police and Fire for keeping businesses safe. Event may be
held at the Vern Burton.
M. Chapman reported on the NOAA decision and that the County's perspective is that unless there is
strong support from Senator Cantwell, he doubts the County will participate in an appeal process. He
added that the State of Oregon did a great job in their proposal. D. Perry repeated Councilmember Karen
Rogers' comments from the last Council Meeting on how the State of Oregon is able to offer incentives
that Washington State is not.
Page 3 of 5
M-17
Port Angeles Forward Meeting Minutes •
August 13, 2009
New Business
None.
Adiournment
Meeting adjourned at 8:33 a.m.
Next Meeting Date:
September 10, 2009 at 7:30 a.m. in the Jack Pittis Conference Room, City Hall.
Minutes approved as presented on September 10, 2009.
Cherie Kidd, Chair
Teresa Pierce
Executive Communications Coordinator
•
Page 4 of 5 •
• Port Angeles Forward Meeting Minutes
August 13, 2009
L
•
NEW AND ON-GOING ACTION ITEMS
DATE
DESCRIPTION
RESPONSIBLE PARTY
TARGET DEADLINE
2-9-06
Continue Discussions on
Mark Madsen
Completed
Housing / Jobs
Group
On -Going
3-13-2008
"2010" Theme Adopted
Group
On -Goin
1-08-09
Follow-up & Survey for
Subcommittee
Immediate
April -May
Business Resource Event
Group
Completed 5-11-06
Summer 09
AIA Grant Final Report Roll
Subcommittee
Upon Receipt of Final
February
Out
Report
August2010
Census Bureau
Group
September or October
2009
Presentation
N. West
2009
COMPLETED ACTION ITEMS
DATE
DESCRIPTION
RESPONSIBLE PARTY
RESULT
3-9-06
Letter to City Council,
Mark Madsen
Completed
Planning Commission
and County regarding
Southern Cross -Route
April -May
Strategic Planning Meetings
Group
Completed 5-11-06
2006
with Jim Ha uewood
February
Make recommendation to
2007
City Council regarding
Group
Completed 2-8-07
Harbor Plan
May 10,
Determine PA Forward
2007
representative to Lodging.
Group
Completed 5-10-2007
Tax Committee
October 11,
Determination of PUD
Group
Completed 10-11-07
2007
1 Representative
October
Gather input regarding Cross-
Group
Completed 10-11-07
2007
Route issue
December
Give Recommendation to
2007
City Council Regarding
Group
Completed
Cross -Town Route
January
Host Business Resource
2009
Event / Council Chambers
Subcommittee
January 8, 2009
March 2009
AIA Team Grant Visit
Group
March 2009
Forward Recommendations
April 2009
to City Council regarding
Group
April 9, 2009
CFP & Policy Issues
Page 5 of 5
M-19
Port Angeles Police Department
•
`Icy YReportuarterl
%V A
Second Quarter
Highlights
• Child Assault, Robbery, and
Theft convictions
(Detective Division, Page 4)
• Property - Bar Coding
(Records Division, Page 5)
• Operation Green Seal
(Page 6-7)
• Police Volunteer program
(Page 10)
Inside this issue:
Dep. Chiefs Message
Calls and Dispatches
Jerid Anderson, Intern
Detective Division
Records Division
Operation Green Seal
Traffic jic Infractions
Support Services, Parking
Crime Statistics Analysis
Crime Statistics
Volunteers
K-9 Program
Chief's Message
Chief Terry Gallagher
ef
1 am writing this the
day before I leave with
my family for South Ko-
rea to visit our oldest son,
who both studies and
works in Seoul. We are
excited to see our son and
looking forward to our
first international trip as
a family. And we have a
3 chaperone for part of the
trip, a Peninsula College
student and Korean na-
4 tional who lived with our
family last year. So this
5 will be brief; I have a
plane to catch.
6 " I don't think that my ab-
sence will present much
8 of a problem. PAPD has
good people and capable
leadership in the persons
8 of Deputy Chief Brian
8 Smith and Communica-
tions Manager Steve
9 Romberg. It likely will be
10 several days before they
I l realize I am gone.
This last quarter has
been busy. Some high-
lights, which we will ex-
pand upon later:
• Our grant application
for more than $49,000
to replace lost funding
for the Downtown Re-
source Officer pro-
gram was approved.
• Earlier this year park-
ing fines were in-
creased. The reader
will note a substantial
decrease in the num-
ber of tickets issued:
355 in March 2008,
117 in March of this
year, for example. In
my view this means
the fine increase
worked.
• "COP Tips," an educa-
tional outreach col-
umn being prepared
by Officer Dan Morse
for publication in the
Peninsula Daily News,
has been positively
received. A sample of
the weekly ad is in-
cluded in this report.
PAPD has submitted
other grant applications
that, if approved, will be
of real benefit to the City
through 2010 as General
Fund revenues continue to
decline. Our commitment
through this year that will
April - June, 2009
continue well into the
future is to ensure that
the Port Angeles Police
Department is a "great
deal" for our citizen tax-
payers. Port Angeles
spends from $222 to $237
per capita for law enforce-
ment services on an an-
nual basis (assuming a
population of 19,200 and
dependent upon what
services are factored into •
our budget) — 61 to 65
cents per day.
Those dollars devoted to
public safety are really an
investment in the quality
of life we enjoy in this
community. PAPD is a
very effective organiza-
tion. We have made
maximum use of the re-
sources provided us. We
are also a "great deal," or,
more accurately, a very
efficient organization.
We recognize that change
is inevitable — but also
that progress is optional.
Our commitment to the
community is to improve
as an organization de-
spite the fiscal challenges
of our time.
Please let us know if you
believe we are keeping
that commitment.
M =-20 __
PAGE 2
QUARTERLY REPORT SECOND QUARTER
I* Deputy Chief's Message - New Lexipol Policy Manual
Brian Smith, Deputy Chief
The Port Angeles Police Depart-
ment is in the final stages of rolling
out a new policy manual and in a
•new web -based format. This final
product is the result of extensive
policy revision work begun several
years ago by Chief Terry Galla-
gher and continued by Sgt. Ed
Schilke. The project began as an
effort to revise and update the Port
Angeles Police Department Policy
Manual in house. It ended with the
Department taking a different ap-
proach to policy and subsequently
subscribing with a company called
Lexipol.
The new Port Angeles Police De-
partment manual via Lexipol has
140 core policy areas that are color
coded into five areas. They range
from: 1) non -discretionary policy
derived from Federal law, State
law, and case law; to 2) recom-
mended "best practices;" and 3) pol-
icy areas that are entirely agency
discretion. Subject matter experts
within and outside PAPD were con-
sulted to review and adjust, where
needed, the best practice areas and
to further develop the discretionary
areas. The non -discretionary policy
areas were left as provided by Lexi-
pol.
The PAPD/Lexipol policy manual is
now a living document that will be
updated regularly. Officers will be
able to access the web -based man-
ual online and will be given policy
updates via daily training bulletins
covering key policy areas. Depart-
ment policy will now be distinct
from department procedure. Thus,
now begins the process of creating a
procedure manual for areas deemed
needing written protocols but not
rising to the level to qualify as pol-
icy.
People, supervision, training, and
policy are the cornerstones of any
police department. With this new
policy approach, the Port Angeles
Police Department has taken ad-
vantage of policy research and de-
velopment that is on a scale far be-
yond what the Department could
produce internally. This new prod-
uct and approach allowed us to fo-
cus our policy development on the
high risk/low frequency events that
mandate policy. We were better
able to take into account the full
spectrum of statutory requirements,
case law, and other agency policy
that was on point, with overall in-
dustry best practices.
By separating policy from procedure
we have also made a conscious deci-
sion to use our policy as a tool to
better ensure that we, as an organi-
zation, consistently "do things
right" (i.e., properly manage), but
also do the "right thing" (practice
leadership above all else).
The Port Angeles Police Depart-
ment now has policy that, in the
140 core areas, looks and feels like
policy shared by a large number of
agencies in the State of Washington
(and in the U.S.). We are very ex-
cited to roll out this new policy. I
think our officers will see benefits
in their training that will enhance
their ability to make proper policy
applications and sound decisions.
This is one more area where we
have improved our capacity to pro-
duce quality work and further our
aspiration to be the best police de-
partment in the world.
My thanks to everyone in the De-
partment who worked with and as-
sisted Sgt. Ed Schilke in the long
and final review of the key subject
areas that allowed the project to be
completed.
T>eopLe, SI LpervLsI ova,
to' vdv,e, 2oA poLLe.1
2re the Corverstov�eS
of a nu
poL�ce dep2ytvmvkt.
Brian Smith - Deputy Chief
SECOND QUARTER
Calls and Dispatches
QUARTERLY REPORT PAGE 3
2nd Quarter Comparison
2nd Quarter Comparison
2nd Quarter Comparison
0 2008
0200802008
4500
8500 -
qo �� ❑ 2009
3000
16�
�1 ❑ 2009
[3 2009
[3
g9
8000 -
2500
~
��'1°' �Op
4000 5
7500
7000
2000
3500
6500
1500
6000
3000
5500
1000
2500
5000
1
500
4500
2000
4000
0
Calls for Service Dispatches
Total County 911 Calls
Quick Calls
Calls for Service are any request for police action documented by PenCom. Those requests may be generated by citizens and/or
officers via phone calls, field contacts, and lobby contacts. Dispatches are any request for police service that is dispatched to an
Officer for action. Quick Calls are any police action initiated by an Officer without a dispatch e.g., a traffic stop, a citizen contact,
Jerid Anderson, Intern
Iam an intern from Western Ore-
gon University and am in the proc-
ess of obtaining my BA in Criminal
Justice. I received my AA from
Yakima Valley Community College
where I attended for two years.
The duration of my stay here at
PAPD will be around ten weeks, or
more specifically 400 hours. I am
here to earn professional experi-
ence in my work field of choice, and
to learn the operations of a fully
functional police department. In
the three weeks I have been able to
associate and participate with
many important operations within
PAPD, which include PenCom, evi-
dence, Records and Detectives.
While in PenCom, I observed a dis-
patcher at work. The important
part of this experience was to see
how dispatchers handled calls and
distributed them to the patrolling
officers. While in evidence, I
helped with the cataloging of inven-
tory so that older items could be
bar coded and easier to find when
they needed to be referenced. The
majority of my time, however, has
been devoted to the Detective Divi-
sion. While in Detectives, I have
updated areas of the sex offender
folder (i.e., each individual sex of-
fender and what level they are). I
have been observing many things,
such as suspect interviews and the
investigative process. I have par-
ticipated in defensive tactics train-
ing and SUIDI (Sudden Unex-
plained Infant Death Investigation)
training. All the above has pro-
vided me with an expansive
amount of knowledge in a short
period of time. This exposure will
help me tremendously with my fu-
ture career as a law enforcement
officer. For example, I am now in-
formed on the process of obtaining
a search warrant, and what seven
jealously guarded exceptions make
search and seizure without a
search warrant permissible. I have
helped to create an informational
flyer on a new Level 3 sex offender
who has moved into the City.
While doing this, I became in-
formed as to why this process must
be done and where the information
was to be distributed. I have filled
out field information reports for
new sex offenders so that they may
be cataloged for later reference. I
have also learned the importance of
court orders pertaining to the re-
lease of other people's property.
This knowledge was derived from
the sorting and sifting of property
that was to be released to an indi-
vidual. Also, while on patrol with
officers, I learned the importance of
knowing your geographic location,
where landmarks are, and how to
navigate.
The majority of my time has been
reserved for observation, and
through observation I have learned
many valuable techniques and
methods for becoming a police offi-
cer that many years of formal edu-
cation could not have and did not
teach me.
•
•
•
PAGE 4 QUARTERLY REPORT SECOND QUARTER
0 Detective Division
Detective Corporal Jason Viada
The Detective Division welcomes
Corporal Bruce Knight, De-
tective Tom Kuch, and Detective
Kevin Spencer to the unit.
•There are currently 49 sex offenders
registered at residences throughout
Port Angeles. The addresses are
monitored on an ongoing basis.
As of 06/30/09 the Division has ap-
proximately 65 current cases. Some
examples of cases investigated by
detectives are as follows:
Child Assault Conviction. On
08/09/08 officers responded to a re-
port of a sexual assault of a child
that had occurred at an apartment
complex in the 500 Block of South
Oak Street. The investigation re-
vealed that the suspect, who was
the victim's neighbor and babysit-
ter, had attacked the young girl, On
04/24/09 Shawn T. Caasi pleaded
guilty to Child Assault 3.
Robbery Conviction. On 09/09/08
officers responded to a report of an
armed home invasion robbery that
has just occurred at a residence on
the west side of Port Angeles. De-
tectives also responded to investi-
gate. Patrol officers initiated a pur-
suit with the fleeing suspect vehicle.
Officers and detectives from several
agencies responded to Port Town-
send where the pursuit ended, and
the four suspects, all from Kent,
were apprehended. All four sus-
pects were charged with Robbery.
Two of the suspects cooperated with
the investigation and pleaded guilty
to Robbery 2. On 05/13/09 Delandre
R. Woods pleaded guilty to Burglary
1 While Armed with a Firearm. On
06/11/09 Paul L. Sutton pleaded
guilty to Robbery 2 While Armed
with a Firearm. Sutton was sen-
tenced to 42 months of confinement.
Theft Conviction. On 11/02/08
officers responded to a report that a
suspect was stealing a trailer and
two four -wheelers. Officers pursued
the suspect vehicle that was towing
the stolen property, The stolen
property was immediately recov-
ered. The suspect eluded pursuing
officers on foot in a wooded area
west of Port Angeles. Tactical track-
ers later followed the trail of the
suspect and recovered important
evidence. Detectives also assisted
with the investigation. A judge is-
sued a warrant of arrest, and the
suspect was later apprehended in
Forks. On 04/17/09 Donald R.
Puderbaugh pleaded guilty to Theft
2.
Child Luring Suspect Arrested
and Charged. On 06/07/09 officers
responded to a complaint that a
suspect had entered a building at
Lincoln Park where families were
having a birthday party, and that
the suspect had approached several
children at the party in an effort to
entice them away from the party
with promises of "magic tricks." On
06/22/09 Detectives arrested the
suspect. On 06/26/09 Donald A.
Halkett was charged with Child
Luring.
Child Molestation Suspect Ar-
rested and Charged. On
05/15/09, while investigating a re-
port that a young boy had been mo-
lested in a residence on the west
side of Port Angeles, Detectives
located and apprehended the sus-
pect. On 05/18/09 Brian C. Taylor -
Rose was charged with Child Mo-
lestation 1. Taylor -Rose has a pre-
vious conviction for a very similar
Child Molestation incident that
also occurred on the west side of
Port Angeles.
Child Rape Suspect Arrested
and Charged. On 05/27/09 Detec-
tives of the Port Angeles Police De-
partment and Agents with the
United States Coast Guard Investi-
gative Service (CGIS) were investi-
gating a report that a young girl
had been molested and raped at a
residence on the east side of Port
Angeles. During the investigation
a suspect was apprehended and
incarcerated. On 05/28/09 Timothy
A. Patton was charged with Child
Rape 3 and Child Molest 3.
Rape Suspect Arrested and
Charged. On 06/23/09, during the
investigation of the forcible rape of
an adult female victim at a resi-
dence on the west side of Port An-
geles, Detectives apprehended and
incarcerated the suspect. On
06/26/09 Jeffrey T. Lynch was
charged with Rape 2 and Indecent
Liberties.
Theft Suspect Charged. A re-
cent theft investigation revealed
that an in-home care nurse had
misappropriated about $21,000
that belonged to a patient. The
State of Washington Department of
Social and Health Services closed
the Port Angeles home at which
four patients were receiving care
and moved the patients to different
locations. On 06/30/09 Rhonda R.
Goudie was charged with six counts
of Theft 1 and one count of Money
Laundering.
-- M--- 23 -
SECOND QUARTER QUARTERLY REPORT PAGE 5
Records Division o Property Room Bar Coding
This year we began bar cod-
ing all property and evidence
as it is checked into the prop-
erty room. We
hope to have all of
our pre -2009 evi-
dence bar coded
sometime soon.
Why is this impor-
tant? The primary
reason is that we
now have a rea-
sonable way to do
a complete inven- '®
tory of the prop-
erty room and other secure
storage areas, something that
heretofore was out of the ques-
tion. With approximately 6000
items on hand, the time and
staff required before bar coding
was implemented would have
been prohibitive.
E
When the bar coding of all
items on hand is completed, we
will have the capability of rou-
tinely doing a complete inven-
tory of those items
that are considered by
auditors and law en-
forcement to stand
the greatest chance of
theft: drugs, guns,
and money. While
such an audit was
possible before, it
would have taken an
®
exhorbitant amount
of staff time, some-
thing that is always in short
supply.
During an inventory, after
items are scanned, several re-
ports are generated for each
bin or location:
• A list of all items on hand;
• a list of items that were
scanned in one location but
are assigned to another;
• items that are missing;
and
• items that are on hand but
are listed as disposed of in
our computer system.
Utilizing this information,
items can be returned to their
assigned locations, computer
entry errors can be "cleaned
up," and any irregularities re-
searched and resolved.
Bar coding is an important
step toward having an effi-
cient, up-to-date property op-
eration.
- Linda Reidel
Records Specialist
Property & Euidence
Records Process (Task)
Second Quarter
2009
Second Quarter
2008
Amount of
Change
Percent
Inc/Dec
Crime Reports Processed
980
889
91
10%
Crime Reports Taken (by Records staff
175
109
66
38%
Dissemination
321
not available
—
—
Live Scan Transmissions (fingerprints)
45
29
16
55%
Concealed Pistol Licenses
75
66
9
14%
Pistol Transfer Applications
69
48
21
43%
Fingerprints - General Public
45
54
-9
-20%
Parking Tickets Entered
374
687
-313
-46%
Traffic Infractions Entered
1 260
431
-171
-40%
Transcri tions
24
1 1
1 23
2300%
TEAM Together Everyone
o
1/ 11
u
•
0
•
PAGE 6 QUARTERLY REPORT
Operation Green Seal
Corporal Kevin Miller and Sergeant
Glen Roggenbuck were among the
command staff.
During the month of June, 2009,
the Port Angeles Police Department
tactical trackers completed the
"Level 2" tactical tracking course in
and around Port Angeles. The
training was taught by the Tactical
Tracking Operations School out of
Arizona. Eighty percent of the tui-
tion for this 50 -hour course was re-
imbursed by the Washington Crimi-
nal Justice Training Commission.
The Level 2 course consisted of
tracking operations, air operations
surveillance, counter tracking,
documentation, and other advanced
tracking skills. The culmination of
this course was the Operation
Green Seal training exercise which
was a multi -agency event in the
Murdock Creek area off Highway
112. This exercise was planned
and coordinated by Sgt. Grant
Lightfoot of the Clallam County
Sheriffs Office and funded through
a U.S. Dept of Homeland Security
Grant. All aspects of law enforce-
ment response, incident manage-
ment, and interoperability were
exercised during this 12 -hour event
that simulated a local, state, and
federal attempt to interdict and cap-
ture terrorists who were attempting
to stage an attack on American soil
in Clallam County. The PAPD
played numerous roles in this exer-
cise, including planning and evalua-
tion, incident support and overhead
staff, and fielding a team of tactical
trackers. The PAPD tactical track-
ing team consisted of four PAPD
officers and one CCSO Deputy.
The value of this exercise was to
work though all aspects of local haz-
SECOND QUARTER
and incident response and to further
refine specialized skills, such as
tactical tracking. With the comple-
tion of this exercise and debriefing,
numerous areas of incident com-
mand, tactical operations, and ca-
pacity for local law enforcement to
work with various federal partners
were enhanced. The training and
exercise also produced a six -officer
interagency PAPD-Clallam County
tactical tracking team that en-
hances law enforcement's capacity
to locate suspects, victims, and evi-
dence in both urban and rural envi-
ronments.
Tactical tracking is now one of the
specialized skill areas that the
PAPD uses in a variety of emergent
and non -emergent law enforcement
situations. Tactical tracking aug-
ments and compliments existing
PAPD K-9 officers and adds one
more tool in the agency toolbox. K-
9 Officer Allen Brusseau is one of
the six members of
the PAPD/CCSO /
Tactical Tracking
Team.
Tactical Tracking Team in Training
Pictured, from left to right - Corporal Jason Viada, Detective Kevin Spencer, CCSO Deputy Brian Knudson,
PAPD Officers Dan Morse and Allen_Brusseau._
-- _ --5
SECOND QUARTER
Traffic Infractions
QUARTERLY REPORT
2nd Qtr Comparison ❑ 2008
❑ 2009
120
100 87
84
80 ,'.
70 68
66
60
48
s2
40 30 0
20
2
27
0
as°'
o5e oye
reg
J�°tea
eye
SQee
a�>�'e r
�`O
`G
eQecae
6eaJe
��SJ�e��
5J
�Q
2nd Qtr Collision Comparison
100 �
90
80
70
60
50
40
30
20
10
0
❑ 2008
96 ❑ 2009
PAGE 7
2nd Qtr Comparison ❑ 2008
60 ❑ 2009
60 1
50
40 - 30 3
30 25 �2�
20 10� ��
10 s s 3 0
0'
5�c� �.A� �\e�a G\°ye
CoQ 5� �e\�o /-°o e ,,�
e 5
Qe
5
Bomb Squad - Man and Machine
More Green Seal Participants
-- M - 26
•
•
PAGE 8
QUARTERLY REPORT SECOND QUARTER
• Support
Services
Gale Turton, Support
Quarterly Comparison 132009 -1st Qtr
0 2009 -2nd Qtr
60
98 46 43 35
m1 19 22
11 11 g
1Q
UU il, I M_
JVPP JVCP Removed by Other Action
Owner
Year to Date Comparison 02008
02009
93 06
p0 67 79 78
80 58
60 30 31
40
20
0 Ifl M —
JVPP JVCP Renavedby Other Action
Owner
Gale is the Department point man for junk vehicle abatement and parking issues outside of the Downtown
area. This "key" relates to the charts: JVPP & JVCP are vehicles certified as junk vehicles and authorized
for towing at the request of private property owners (PP), or the City (CP). Removed by Owner — moved
from City property subsequent contact. Other Action — Self -initiated contacts acted upon during the course
of other duties. Often there is no dispatch records of these activities because they were not dispatched.
Parking Enforcement
Sandra Strafford, Parking
Month
Tickets
2nd Qtr 2009
Revenue
2nd Qtr 2009
Tickets
2nd Qtr 2008
Revenue
2nd Qtr 2008
April
103
$ 1845
198
$ 4552
May
115
$ 1557
174
$ 2113
June
243
$ 2275
443
$ 2675
Totals for
Quarter
368
$ 5677
815
$ 9340
Crime Statistics -Analysis
The chart on the following page shows
the number of Uniform Crime Report -
Part I and Part II Crimes reported to
the Port Angeles Police Department in
the 2nd quarter of 2009. A comparison
is made with the number of like crimes
reported in the previous quarter.
Crimes year-to-date for 2008 and 2009
are also contrasted.
Crime trends cannot be determined by
comparing changes over short dura-
tions. However, evaluation of signifi-
cant short- term changes can give an
early warning of possible upward or
downward trends.
Upward trends do not necessarily
mean that crime is out of control. Hir-
ing more police officers can cause an
increase in crime and arrest statistics,
as can a crime "spree" Downward
trends could mean crime is down, or
that people are just not reporting crime
for some reason.
A threshold is a range of numbers
representing "normal" that is calcu-
lated from historical data. Theoreti-
cally, if crime statistics fall within the
threshold, there is little cause for
alarm; however, further evaluation of
large swings may still be necessary.
Threshold ranges in this report have
been adjusted using historical data
from 2003-2008 for calculations.
Readers must also keep in mind that
small numbers yield high percentage
differences when only a few more or
less incidents have occurred.
Some evaluation of this quarter's data
yields the following clarifying informa-
tion:
• Generally, Part I crime rates are
up in comparison to the 1st quarter
of 2009.
• Theft is the only rate up signifi-
cantly when compared to 1st quar-
ter rates. With a struggling econ-
omy this rate could continue to
climb in subsequent quarters.
• All Part I crime rates currently
appear within the threshold, with
Vehicle Theft and Arson well below
the threshold.
• Most Part II crime rates show no
significant change, although some
rose sharply when compared to a
lower than normal 1st quarter
rate.
• The quarterly Drug Violation rate
is up primarily due to concentrated
enforcement efforts.
• Resist/Obstruct and UIBC/Fraud
are right at threshold values.
Other Part II crimes are either
lower or within threshold ranges.
* Some comparisons reveal some large
percentage changes; however, the ac-
tual numbers represent a small in-
crease or decrease in actual incidents.
-- M- --27
SECOND QUARTER QUARTERLY REPORT PAGE 9
Crime Statistics
•
Part I Offenses
2009
2nd Qtr
2009
1st Qtr
Amount
of Change
Percent
Inc/Dec
YTD
2009
YTD
2008
Amount
of Chang
Percent
Inc/Dec
Threshold
(Norm)
Homicide
0 1
1
-1
*-100%
1
1
0
-
-
Rape/Sex Offense
6
5
1
20%
11
5
6
* 120%
17-31
Robbery
4
2
2
*100%
6
4
2
50%
6-12
Felony Assault
12
9
3
33%
21
14
7
50%
33-49
Assault 4th Degree
58 1
61
-3
-5`%,
119
113
6
5%
235-263
Burglary
32
43
-11
-26`Yo
75
58 1
17
29%
138-170
Theft
216
129
87
67%
345
323
22
7%
635-771
Motor Vehicle Theft
14
6
8
*133%
20
33
-13
-40%
45-83
Arson
3
0
3
N/C
3
10
-7
-70%
11-23
V Offenses
55
53
2
4%
108
114
-6
-5%
192-272
uvenile Arrests
49
43
92
103
dult Arrests
331
243
574
499
Part II Offenses
2009
2nd Qtr
2009
1st Qtr
Amount
of
Chane
PercentAmount
Inc/Dec
YTD
2009
YTD
2008
of Chang
Percent
In
Threshold
(Norm)
Resist/Obstruct Officer
12
10
2
20%
22
19
3
16%
19-41
Stalk/Harass/Endanger
16
6
10
*167%
22
21
1
5%
50-78
U113C/Fraud-Embezzle/Prop.
21
28
-6
-25%
49
38
11
29%
67-97
Malicious Mischief Felony
25
19
6
32%
1 44
49
-5
-10%
75-99
Malicious Mischief - 3rd
58
31
27
87%
89
116
-27
-23`Yo
142-216
Weapons Violations
4
0
4
N/C
4
10
-6
-60%
16-26
Crimes Against Child -Sex Offense
11
3
8
*267%
14
14
-
-
31-41
Drug Violation
43
17
26
153%
60
44
16
36%
87-125
Domestic - Verbal
8
16
-8
-50%
24
28
-4
-14%
48-108
Ili
20
14
6
43%
34
46
-12
-26%
78-94
Alcohol Violations
12
13
-1
-8%
25
20
5
25%
55-85
Violation Prot. Order
14
18
-4
-22%
32
44
-12
-27%
74-100
Runaway Juvenile
15
18
-3
-17%
33
45
-12
-27°%
64-96
isc./other
13
23
-10
-43%
36
26
10
38%
63-101
Arrests - 2nd Qtr Comparison
132009
i 49 ❑ 2008
Juvenile 57
i
331
Adult 263
50 100 150 200 250 300 350
•
•
PAGE 10 QUARTERLY REPORT
SECOND .
Allen & Bette Banick
WE APPRECIATE OUR VOLUNTEERS!
Volunteers
AWS
,fat
SERVICE PROVIDED
HOURS
Events
371.5
Office work for Records
90.0
Radar/speed watch
306.0
Vacation home checks
29.0
Bank run for Finance Department
86.0
Day/night patrols
129.0
Sex Offender notifications
2.0
Other details
314.0
Volunteer training
32.0
Volunteer administration
104.5
TOTAL VOLUNTEER HOURS
April - June 2009
1464.0
29 -_
SECOND QUARTER QUARTERLY REPORT PAGE I 1
K-9 Program
' T he Port Angeles Police K-9 Unit
has been staying active in serving
not only Port Angeles, but in provid-
ing K-9 services for other Peninsula
agencies. It is the mission of the
unit to support all area law enforce -
went officers in apprehending sus-
pects and locating evidence to safe-
guard our community and to pro-
mote stronger cases for prosecution.
Currently, there are six patrol dog
teams available for suspect track-
ing/apprehension to North Olympic
Peninsula law enforcement officers.
Those agencies providing these ser-
vices are the Port Angeles Police
Department (two teams), Sequim
Police Department, Jefferson
County Sheriffs Department, and
U.S. Border Patrol ( two teams). All
of these units work jointly to sup-
port area law enforcement agencies.
Three of these teams are cross -
Kilo
trained to locate narcotics, and the
others will be cross trained in the
near future.
In addition, the Port Angeles Police
Department provides routine main-
tenance training for police service
dogs throughout the region: Clal-
lam, Jefferson, Grays Harbor, and
Kitsap Counties. We also provide a
trainer to certify and accredit police
dog teams throughout the state for
the Washington State Police Canine
Association and the Criminal Jus-
tice Training Commission.
Officer Al Brusseau and K-9 Kilo
have had some notable apprehen-
sions in the past year, which in-
clude locating an armed suspect
after a carjacking, an escaped pris-
oner from the chain gang, and three
suspects who fled from a home inva-
sion robbery.
Two handlers from our training
group, Sergeant Jeff Salstrom
(Hoquiam Police Department) and
Deputy Rob Crawford (Grays Har-
bor Sheriffs Office), were recently
involved in an incident where Jeff
and his dog were injured. Jeff and
K-9 Enno were tracking a car theft
suspect when he fell down a ravine
and over a 20' cliff, puncturing both
of his lungs (one collapsed), and
suffering five broken ribs and three
fractured vertebrae. His dog also
went over the cliff, breaking two
ribs. Rob and his dog continued the
track from where Jeff and Enno left
off and located and apprehended
the suspect. Meanwhile, Jeff spent
a week in the hospital and he and
his dog will be out of service for an
undetermined amount of time.
Our Service Dogs at a Glance
Breed: German Shepherd
Dual Purpose: Generalist/
Narcotics
Handler: Officer Allen Brusseau
Born: Nov. 1, 2002; Germany
Commissioned: April 8, 2003
Years of service: 6 yrs. 3 mos.
Jag
- Corporal Kevin Miller
Breed: Belgium Malinois
Single Purpose: Generalist
Handler: Corporal Kevin Miller
Born: July 5, 2006; Germany
Commissioned: June 18, 2008
Years of service: 1 year
2009
Total
Applications
17
160
Apprehensions
2
43
Evidence finds
3
29
Building searches
9
66
Narcotics finds
4
51
Demonstrations
2
32
Jag
- Corporal Kevin Miller
Breed: Belgium Malinois
Single Purpose: Generalist
Handler: Corporal Kevin Miller
Born: July 5, 2006; Germany
Commissioned: June 18, 2008
Years of service: 1 year
•
2009
Total
Applications
13
33
Apprehensions
7
17
Evidence finds
0
1
Building searches
7
10
Narcotics finds
N/A
N/A
Demonstrations
5
---
•
sPORT ANGELES POLICE DEPARTMENT
•
321 East Fifth Street
Port Angeles, WA 98362
Phone: 360.452.4545
Fax: 360.417.4537
Email: police@cityofpa.us
Mot s
Lt�F yLL
Wk
To Serve and Protect
MANAGEMENT STAFF
Terry Gallagher
Chief of Police
360.417.4901
tgallagh@cityofpa.us
Brian Smith
Deputy Chief
360.417.4902
bsmith@cityofpa.us
Steve Romberg
PenCom Manager
360.417.4911
sromberg@cityofpa.us
Liz Zenonian
Management Office Assistant
360.417.4910
ezenonia@cityofpa.us
PUBLIC SAFETY ADVISORY BOARD
Alan Barnard, Chair
Ed Zoble, Vice -chair
Buddy Bear
Joe Fisk
Maria Pena
Kathy Steinkamp
Dan Sterling
Nick Simpson
This Board was created "as a means of
enhancing Police and Fire community
relations, communications, community
confidence, and the effective and efficient
delivery of public safety services."
- City Ordinance
11 =may, i
Mission Statement
In partnership with our community, the
Port Angeles Police Department recognizes
its mission to serve in a compassionate,
courteous, and professional manner, to
promote freedom and peace of mind,
pride
in our neighborhoods, and the safety of our
families.
PUBLIC WORKS CONTRACT STATUS REPORT
September 2009
(COSTS SHOWN INCLUDE APPLICABLE TAXES) •
PROJECT
CONSTRUC-
ORIGINAL
PREVIOUS
LAST
MONTH
REVISED
TITLE
TION
CONTRACT
CHANGE
CHANGE
CONTRACT
10/08/2009
BUDGET
AMOUNT
ORDERS
ORDERS
AMOUNT
Gateway, 97-20
$8,500,000
$7,970,200.00
$470,563.00
$0.00
$8,440,763.00
8th St. Bridges, 02-15
$20,000,000
$18,416,067.20
$247,335.80
$0.00
$18,663,403.00
Elwha Power Distr.
$200,000*
$173,440.00
$26,870.00
$0.00
$200,3010.00
Relocation, CL00-16
$20,719.66
Construction, LLC
PO#014500
McDougal and Church St.
Eastern Corridor
$625,000
$51409.44
$0.00
$0.00
$514,669.44
Phase 2, US06-21
Peabody & Fifth St.
$1,021,000
$920,139.45
$0.00
$0.00
$920,139.45
Reconstruct., US06-06
Tree Trimming
$55,000
$55,000.00
$0.00
$0.00
$55,000.00
*Fully reimbursed by federal government
CONTRACTS/PURCHASE
ORDERS UNDER $25,000 APPROVEI)
BY U1 Y MAINAULK
CONTRACTOR
CONTRACT
DESCRIPTION
DATE
AMOUNT
OR VENDOR
/ PO #
Transformers —Inventory
AWARDED
10/08/2009
* Blue Mountain
PK -09-017/
Trees removal behind
August 31, 2009
$22,709.80
Tree Service, Inc.
PO# 014676
Food Bank
9/18/2009
10/07/2009
General Pacific Inc.
LO -09-016/
Purchase of transformers
August 27, 2009.
$26,995.94
100 kVAs and 750 kVA .
* Grecor
ST -09-015/
Culvert lining installation,
August 14, 2009
$20,719.66
Construction, LLC
PO#014500
McDougal and Church St.
* Small Works Roster Contract
CONTRACTS OVER $15,000
0
CONTRACTOR
CONTRACT/AMOUNT
DESCRIPTION
DATE AWARDED
(tax
OR VENDOR
PO #
September
included)
none
Transformers —Inventory
9/17/2009
UPCOMING PUBLIC WORKS CONTRACTS
(NEXT 30 DAYS. ESTIMATED DATES SHOWN)
PROJECT
TITLE
ADVERTISE
FOR BIDS
BID OPENING
START
CONSTRUCTION
END
CONSTRUCTION
2009 Street Overlays
September
October
Transformers —Inventory
9/17/2009
10/08/2009
Melody Lane Water Lines
Installation
9/14/2009
9/30/2009
Wood Poles - Inventory
9/18/2009
10/07/2009
khMYA
N:\CC0UNCIL\FINAL\9-09 Monthly Contract Status Report.doc
•
PUBLIC WORKS GRANT & LOAN STATUS REPORT
September 2009
PROJECT
PROJECT
GRANT/LOAN
GRANT MATCH OR
AWARD
STATUS
DESCRIPTION
COST
SOURCE & COST
LOAN DATA
LISTING
Public Works Board, administers the PWTF Program
CSO Phase 1 Projects,
$11,800,000
PWTF
Loan - 0.5%, 20 -Yr,
January 2008
Design to re -start in
Construction
administered federal highway grant funding for inter -modal transportation projects.
Construction Loan
15%
WSDOT Ped & Sch:
August
$10,000,000
($1.8M) local match
CSO Phase 1 Projects,
$8,600,000
Puget Sound
Grant and/or loan —
N/A
Submitted to PSP;
Construction
Partnership or
local match will be
request for funding
DOE Toxics
PWTF loans
match
Cleanup
Sidewalks
$260,000
WSDOT Ped & Sch
Grants, no matching
March 2008
Grant awarded;
16`h, G -Stevens
Design underway,
construction this
winter
Dry Creek Bridge for
$725,000
RCO Grant
$361,708.00
Spring 2009
Grant awarded;
Olympic Discovery
design underway
Trail
Stormwater Phase 2
Ongoing
DOE Pass -Through
$50,000; no local match
August 2009
To City Council for
Implementation
Grant
required
acceptance and
execution in
October 2009
BRAC:
Bridge Replacement Advisory Committee
Centennial:
DOE administered grant /loan funding for water quality improvement projects_
Department of Ecology
•DOE:
DWSRF or SRF
Drinking Water State Revolving Fund or State Revolving Fund
PSP
Puget Sound Partnership
PWB:
Public Works Board, administers the PWTF Program
PWTF:
Public Works Trust Fund
RCO:
Recreation and Conservation Office
SAFETEA-LU:
Safe, Accountable, Flexible, Efficient, Transportation Equity Act, a Legacy for Users. WSDOT
administered federal highway grant funding for inter -modal transportation projects.
TIB, AIP or PSMP
Transportation Improvement Board, Arterial Improvement or Pedestrian Safety and Mobility Programs
WSDOT Ped & Sch:
WSDOT administered grant programs for Pedestrian & School Route safety improvements
•
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